What to do if a wife files for divorce but her husband dies before it is final and she wants his ashes?

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What to do if a wife files for divorce but her husband dies before it is final and she wants his ashes?

There is a Will that states she gets absolutely nothing. They have no children but he has children from first marriage and they want his ashes.

Asked on April 10, 2014 under Estate Planning, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country if there was no interlocutory order regarding the surviving divorcing spouse, she gets the ashes of the deceased husband since the dissolution was not completed. I suggest that the child of the father consult with an attorney that practices family law in his community about the matter written about. One can be found on attorneypages.com.


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