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JPEsq.
JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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A divorce question... I filed for divorce in the state of kentucky...My

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A divorce question... I filed for divorce in the state of kentucky...My husband died before the divorce was final.. He passed away in March. Five years prior to this he put me out of my house and would not divorce me. Anyway, I filed again in January of this year, and he failed to appear in court...and died before the judge granted a divorce to me by default. Now I have been served with divorce papers by his attorney..requesting that a divorce be granted by nunc pro tunc....What is this??? He had no will, and the only insurance policy was left to a girlfriend.. Had no money, but a lot of debt still in both of our names

Please help??

"Pro Nunc Tunc" means that the divorce will be retroactive to prior to his death, back-dated basically.

Even though you had no assets, you may have a claim on that insurance policy. Even though he named his girlfriend as beneficiary, this is not necessarily allowed when he is married. My guess is that the insurance company is not going to pay out unless he can show he was divorced.

So, you should talk to a lawyer. You can probably get a piece (if not all) of the proceeds from that insurance policy. At the very least, I would negotiate an agreement for part of the proceeds, assuming this is what is happening here (and it sounds like it is).

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