Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, May 29, 2006

Post-Death Divorce

The traditional marriage vow includes the phrase "'Til death do you part."  The law has followed this lead and declared that a marriage is automatically terminated upon the death of one of the spouses, that is, no court action is needed to terminate the marriage after one of the spouses dies.

But, in a recent case from Blairsville, Pennsylvania, the estate of a man who was murdered the day before he had planned to sign his divorce papers is seeking to finalize the divorce even after the man's death.  The man's attorneys have alleged various grounds for doing so from carrying out the man's intent to preserving an already approved property settlement.

For more information, see Dentist seeks divorce -- after his death, CNN.com, May 27, 2006.

Special thanks to Sara Hudman for bringing this article to my attention.


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