What to do when a Spouse Passes Away Before Completing the Divorce Process
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Summary
My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney. |
“My friend’s wife passed away recently. She had filed for divorce and paid an attorney to handle the divorce. She never finished giving the attorney all of the information required before she passed. My friend and his mother-in-law have both asked for the fees to be returned, but neither has received any answer or information from the attorney.
There was no foul play involved (I was the one who actually found her body) and there has been no other problems with the estate.
I am trying to help my friend and would very much appreciate a reply.”
The estate is entitled to an accounting from the attorney’s office. The executor of the estate should contact the attorney’s office. The attorney is obligated to the wife (now her estate), and it could be considered malpractice for him to communicate with your friend or someone contacting the office on his behalf, as he is still the “opposing party” in the divorce action.
The executor should forward a copy of the death certificate to the attorney’s office so that the attorney knows that his client has truly passed away.
If after this the attorney is still uncommunicative, call the state bar association of your state and ask them what to do.
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For more on this subject check out these categories: Divorce, Family Law, Wills, Trust & Estate Planning
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
