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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33150
Experience:  Estate Law Expert
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My son passed away 2 weeks ago. My son divorce will be final

Customer Question

My son passed away 2 weeks ago. My son divorce will be final Sept 27, 2015. Does he wife have legal rights to his belongs since they were legally separated and going through a divorce?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

If I understand your question correctly, then the answer is that his wife has the same rights to his property as if the divorce had never been filed. In Texas, the divorce isn't final until the final order is signed and any temporary orders that were entered are immediately voided upon the death of either party and the entire case immediately changes to probate law.

What that means is that his property passes either according to the terms of his will or, if he had no will, it passes by the laws of intestate succession.

Did he have a will?