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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27629
Experience:  Attorney with experience in family law.
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I was negotiating settlement of property for divorce with

Customer Question

I was negotiating settlement of property for divorce with husband...I drew a line through the things I didn't agree with and sent to his attorney to revise...next thing I know I have divorce certification in mail and he suddenly died this week of a brain anyersm
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Have you talked to a lawyer yet?
Customer: No..I set up an appt for tomorrow to do a consult
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have been to the attorneys office twice offering to pay for copies and am still waiting...does this mean if my husband and I did not agree and sign final paperwork that we could still be married?...we were reconsidering not divorcing
Submitted: 1 month ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry for your loss.

If the judge did not enter a divorce decree before your husband passed away, you are still legally married. You can file a Motion to Dismiss along with a copy of the death certificate, and the judge will dismiss the case. Even if you had a signed agreement - and it doesn't sound like you did - it had to be filed and the judge had to rule before the divorce becomes effective. If the lawyer submitted the paperwork after he died, that can be undone.

Also note that if you crossed items out and sent the agreement back without signing, then there's no effective agreement, even if he hadn't passed away.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 month ago.

Did you have any other questions about this?