QUESTION

What are my rights if divorce was pending, husband remarried and died before the divorce was final?

Asked on Aug 11th, 2017 on Estate Planning - California
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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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Facts: You and your husband were married and not yet divorced when he died. He was a bigamist, having married another woman before your divorce was final. Conclusions: A. His second marriage is not valid. You are entitled to all the right of any widow, except to the extent that you waive(d) them. If, for example, you and he entered into a partial or complete marriage settlement agreement, you may have waived some rights. B. You have the right to see a copy of his will, if any. C. Subject to waivers partially described in paragraph A above, you own your half of any community property and may inherit much more, depending on the terms of his will, if any,
Answered on Oct 21st, 2017 at 8:01 PM

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