What happens to assets if someone dies before their divorce is finalized?

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What happens to assets if someone dies before their divorce is finalized?

My aunt hired divorce attorney. The divorce was decreed but case continued so as to settle their joint properties. My aunt passed week prior to next court date. Her lawyer says that since she passed away the case is closed? What about her half of their business and properties owned going to her heirs? She paid him an initial retainer of $8000. Should a portion of her retainer be refundable to her estate administrator?

Asked on October 19, 2012 under Family Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since the divorce happened before the aunt died, the divorce is finalized. As to her assets a Wills and trust attorney will need to work with the representative of your aunt's estate in dividing up the assets between your aunt and her former husband.

The retainer paid should be refunded by the family law attorney as to portions not used to date.


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