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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 117397
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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What happens to the estate if one party dies after

Customer Question

What happens to the estate if one party dies after Bifurcation and the estate is not divided?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
Does bifurcation give any more power to either spouse to hold up negotiations so that a settlement can not be reached. Can the judge order the children out of negotiations if they have constant negative feedback that has caused a simple division of property and escalation of lawyer and court fees?
Customer: replied 1 year ago.
Can you ask for a continuous if one party has asked for bifurcation and the other is under medical and psychological counseling?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If a party dies during the bifurcation process, then the process still continues because the party's heirs are entitled to that property. Actually, by law, the children have the right to step up as heirs to the deceased to represent the deceased in the bifurcation/division process.
If a party has severe psychological or medical issues that interfere with their participation with their attorney in the process, this is grounds to continue the matter.

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