Am I still consideredmy husband’snext of kin if he diedafter we filed for divorce but before it was final?

UPDATED: Nov 8, 2011

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Am I still consideredmy husband’snext of kin if he diedafter we filed for divorce but before it was final?

My husband passed away on the 29th of last month. We were filing for divorce and in court on th the 18th. The divorce will not be final for 90 days. Am I still his next of kin?


Asked on November 8, 2011 under Estate Planning, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss and for the situation.  The general rule here is that if your spouse passes away after you file for divorce but before the dissolution is final then under the law you are still entitled to inherit via last Will and testament of intestacy statute.  Here it really depends on what happened on the 18th and what you mean by "[T]he divorce will not be final for 90 days."  That may be due to something procedural that is specific to the state of Massachusetts or it may be due to something else that is specific to your divorce.  So I would call your attorney as soon as you can and ask.  You may also have to officially withdraw the divorce proceeding from the court if that is possible at this stage.  It really all depends on the present status and your attorney would know best.  Good luck.

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