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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 19111
Experience:  B.A.; M.B.A.; J.D.
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If spouse die in middle of divorce, what happen to our

Customer Question

If spouse die in middle of divorce, what happen to our assets and settlement in NY.?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Phillips Esq. replied 1 year ago.

Any settlement in the divorce is void. The divorce action is abated--the divorce action is stopped and the spouse would be treated as surviving spouse with all rights as the surviving spouse. See New York Estates, Powers & Trusts Article 5 Part 1 - (5-1.1 - 5-1.4).