Divorce After Death a
Real Possibility
Jul 5, 2006 | 373 words, 0 images
A posthumous divorce might sound other-worldly but it's a very
real possibility, thanks to recent changes in probate laws and
some unusual lawsuits involving spouses who died during
divorce proceedings, the National Law Journal
reports.
In Pennsylvania, a dentist was killed in his home the night
before he was to sign divorce papers. In Connecticut,
millionaire developer Andrew Kissel was found murdered in his
Greenwich home in April, nearly a year after his wife filed
for divorce.
Admittedly, such cases are rare but recently revised state
probate laws could cause unintended results for married people
with children who die while getting or contemplating a
divorce, experts warn, especially if they do not have a will.
Specifically, intestacy laws could allow one spouse to
inherit another's entire estate, including assets that the
other person didn't want the spouse to have, according to
family law expert Jonathan W. Wolfe of Livingston, N.J.
"Intestate" is the legal term for not having a will.
At least 18 states have changed their intestacy laws in
recent years, adopting the Uniform Probate Code's intestacy
statute, which allows a spouse to potentially inherit all
assets in cases where there is no will. Previous statutes
allowed children to inherit some of the assets.
The solution, according to Wolfe, is to have an up-to-date
will, especially if you are contemplating divorce of have
already filed for divorce.
"You are now in a position in your life where you don't
want your separate assets to go to the person you're trying to
divorce," said Wolfe, who chairs the family law committee for
the American Bar Association's General Practice, Solo and
Small Firm Division.
In the Yelenic case, lawyers are trying to ensure that the
murdered husband's assets go to the couple's minor son, and
not to the wife. Dr. John Yelenic separated from his wife in
2002, agreed to a divorce and signed a property settlement. He
was slain at his home on April 13, 2006. The case has not been
solved.
Yelenic's lawyer, Effie Alexander, is seeking a posthumous
divorce decree, saying that is what her client would have
wanted.
Source:
www.keepmedia.com
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