Legal Issues When a Spouse Dies Before the Divorce Is Final in Bismarck, ND

A complicated situation arises when a couple is getting divorced and one of the spouses dies. The deceased person’s family will likely feel dismayed at the idea the surviving spouse now stands to inherit everything. They may need to work with a Law firm in Bismarck, ND, if they want to stop that from happening.

Issues With the Will

The death of the husband or wife effectively turns the other spouse into a widow or widower. If the person who passed away did not have a new will designating someone else to be the inheritor of his or her estate, the surviving spouse could receive the full inheritance by default. Attorneys with a law firm in Bismarck, ND, may be able to prevent this.

When a divorce has been finalized, a will might be declared invalid if the ex-spouse is still named as the inheritor. Generally, though, when the two are still legally married and the divorce is not yet final, the will is considered valid. If there was no will, the deceased person’s family and the spouse would have to bring the matter before a judge.

Life Insurance

Life insurance is another thorny issue in these situations. If the husband or wife is still listed as the beneficiary, it can be very difficult to challenge this, even after a divorce is final.

The spouse may believe he or she is entitled to the full inheritance, but the deceased person’s family may disagree. Legal representation in these matters is provided by Pagel Weikum Law Firm, which offers contact information.

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