Rights of A Divorced Spouse In The Estate Of The Deceased Former Spouse? Richard A. Whitney
Q.
I am divorced from my ex husband for a year. We had been married for 12 years. He died 3 days ago. Do I still have right to claim our properties that is in his name? He has a brother. Please help me to understand what my rights are. Thanks.
-- Nita
A.
Generally speaking, divorce terminates the rights of one spouse in the estate of the other spouse. Unless your deceased spouse held title to any property in his name and your name as joint tenants, or if he had life insurance, pensions or annuities naming you as beneficiary, or if there was a nuptial agreement which grants you rights in his estate, there is nothing you can do to obtain a share of his estate. One of the documents that is important in determining your rights would be the divorce decree, which may have provided some financial benefits to you. Generally speaking, though, death terminates the financial obligations of the divorced spouse to the living spouse.
