What happens to assets if someone dies before their divorce is finalized?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What happens to assets if someone dies before their divorce is finalized?

My aunt hired divorce attorney. The divorce was decreed but case continued so as to settle their joint properties. My aunt passed week prior to next court date. Her lawyer says that since she passed away the case is closed? What about her half of their business and properties owned going to her heirs? She paid him an initial retainer of $8000. Should a portion of her retainer be refundable to her estate administrator?

Asked on October 19, 2012 under Family Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Since the divorce happened before the aunt died, the divorce is finalized. As to her assets a Wills and trust attorney will need to work with the representative of your aunt's estate in dividing up the assets between your aunt and her former husband.

The retainer paid should be refunded by the family law attorney as to portions not used to date.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption