What Happens to Property if a Spouse Dies During a Divorce Lawsuit — The Legal Principles of the Extinguishment of Property Division and Conversion to Inheritance

What Happens to Property if a Spouse Dies During a Divorce Lawsuit — The Legal Principles of the Extinguishment of Property Division and Conversion to Inheritance

If a spouse dies while a divorce lawsuit is pending, the right to claim division of marital property is extinguished and the matter shifts to inheritance law. Statutory inheritance shares apply, and within three months you must choose one of simple acceptance, renunciation of inheritance, or qualified acceptance. We also cover claims for return of the legally reserved portion and the importance of preparing a will in advance.
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