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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36240
Experience:  Attorney with 16 years experience
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hi my name is XXXXX XXXXX have problem my wife the one i get married

Resolved Question:

hi my name is XXXXX XXXXX have problem my wife the one i get married with and we came to USA broke out with me leave me without divorce passed away . what should i do if i want to get another wife?
Submitted: 7 years ago.
Category: Family Law
Expert:  Barrister replied 7 years ago.



If I understand you correctly, you came to the US with your wife, you separated and she left and then she passed away?


What state are you in and how long have you lived there?






Customer: replied 7 years ago.
I want to get another wife legaly but my problem it's i did not divorce the late one
Expert:  Barrister replied 7 years ago.

A marriage is binding on the parties until dissolved. It can be dissolved by divorce or death. If a spouse dies, the surviving spouse is free to marry again as the marriage has been dissolved.


You can get a judgment from the probate court that officially restores you to your unmarried status although you do not have to.








Customer: replied 7 years ago.
you did not answer my question yet
Expert:  Barrister replied 7 years ago.

If your wife died, your marriage is dissolved. You do not have to get a divorce.

You can marry again as your status is unmarried now.






Customer: replied 7 years ago.
how can i get to the probate court?
Expert:  Barrister replied 7 years ago.

You need to file a probate case in the county where you live at the Probate court. They will have forms there that you can fill in to get a hearing date. At that hearing you would need to show the death certificate and the judge will appoint you administrator of the estate for any property purposes. You can contact the coroner in the county where she died and they will either get you a copy or tell you where to get one.


You would have to put together a list of all the property that she owned at her death and the judge would tell you how to distribute it. If you have no children, it will likely all go to you as the surviving spouse.


After you distribute the assets, if there are any, the court will order the case closed and issue an order legally restoring you to unmarried status.






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