Husband filed for divorce and he dies before judge signs papers for final divorce, no one let court know am I still his wife?

Asked about 5 years ago - Hobbsville, NC

I was not told of death till after papers were signed I would like to know if I am entitled to retirement and life insurance money

Attorney answers (1)

  1. Mark S Williams


    Contributor Level 14

    Answered . Under Elmore v. Elmore, 67 N.C.App. 661, 313 S.E.2d 904 (1984), an action for divorce abates upon death. If he died before the judge signed the divorce judgment, it is possible you might be able to set it aside. If you set it aside, you could be entitled to a year's spousal allowance (currently $10,000) and other benefits.

    You should absolutely see a lawyer and soon! You only have ten (10) days to file a Rule 59 motion and thirty (30) days to appeal after the divorce judgment. Don't wait!

    Disclaimer: Information posted for educational / informational purposes only. No attorney client relationship created. There may be statute of limitations which could prohibit you from filing a claim if you hesitate or sit on your rights. See an attorney licensed in the State of North Carolina ASAP! Information pertains to North Carolina Law Only. See our website for more information.

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