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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35376
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My brother recently passed away last week and was employed

Customer Question

My brother recently passed away last week and was employed at Chrysler he was in the final stages of divorce.. His ex wife left him two years ago and she had the papers drawn up and were scheduled to finalize the Friday after his passing I would like to know is she still legally still married to him and does she have rights to any of his pension
Submitted: 2 months ago.
Category: Legal
Expert:  LawTalk replied 2 months ago.

Good afternoon Dan,

I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today.

Because the final hearing was never held and the divorce decree never ordered, even though the divorce may have been just days away, your brother was still legally married to his wife at the time of his passing and she will be an heir to his estate. This would include being eligible for his pension if there was a survivor clause in the pension--as there so often it.

Any agreement that they were prepared to be bound to at the issuance of the decree---that may have been memorialized in a marital settlement agreement----are not enforceable because the court will not be issuing a decree.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 2 months ago.

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug