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What happens to the estate if one party dies after

Customer Question
Bifurcation and the estate is...
What happens to the estate if one party dies after Bifurcation and the estate is not divided?
Submitted: 2 years ago.Category: Estate Law
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Customer reply replied 2 years 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 reply replied 2 years ago
Can you ask for a continuous if one party has asked for bifurcation and the other is under medical and psychological counseling?
Answered in 1 hour by:
2/24/2016
Estate Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,897
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
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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