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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33747
Experience:  Estate Law Expert
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My son passed away 2 weeks ago. My son divorce will be final

Customer Question

My son passed away 2 weeks ago. My son divorce will be final Sept 27, 2015. Does he wife have legal rights to his belongs since they were legally separated and going through a divorce?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dwayne B. replied 2 years ago.

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If I understand your question correctly, then the answer is that his wife has the same rights to his property as if the divorce had never been filed. In Texas, the divorce isn't final until the final order is signed and any temporary orders that were entered are immediately voided upon the death of either party and the entire case immediately changes to probate law.

What that means is that his property passes either according to the terms of his will or, if he had no will, it passes by the laws of intestate succession.

Did he have a will?