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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37622
Experience:  30 years as a family law lawyer .
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My brother in law was terminally ill, partially sedated, in

Customer Question

My brother in law was terminally ill, partially sedated, in the hospital and was"married " 9 days before dying.A notary from a different state who wasn't present during the marriage sent the document. Is this marriage legal?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Notary was from Iowa, brother in law was hospitalized in Nebraska.
JA: Has anything been filed or reported?
Customer: Yes I believe so. Now his wife has died and neither has had their estate settled, and no wills for either.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time. Thank you.
Submitted: 1 month ago.
Category: Family Law
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 1 month ago.

Here if there are assets you would make application to probate his estate and force a sale of the estate assets and division since there was not a will.

Laws of intestacy to see if you would inherit

If you die with:

here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants or parents
  • spouse inherits everything
  • spouse and descendants from you and that spouse
  • spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance
  • your descendants inherit everything else
  • spouse and at least one descendant from you and someone other than that spouse
  • spouse inherits 1/2 of your intestate property
  • descendants inherit everything else
  • spouse and parents
  • spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance
  • parents inherit remaining intestate property
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything


You might be able to challenge the validity of the marriage as well there might have been lack of capacity and the the notary here might be invalid.

You will need a lawyer to open probate and challenge marriage.They can certainly do so and seek claim to assets under hte laws of intestacy.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 1 month ago.

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Nebraska

Omaha Bar Association LRS
Omaha, NE

Phone:(###) ###-####br />Counties Served: Douglas, Sarpy, Cass, Washington

Expert:  RayAnswers replied 1 month ago.

If you can positive rate 5 stars it is much appreciated.