Bushkill, PA asked in Divorce, Family Law and Probate for New York

Q: If a divorce is abated by death, does that mean any prior actions that happened in court regarding the divorce are void?

My fiance was seperated for 12 years. His estranged wife filed for divorce early 2017. In Mid 2017 the Judge stated that the Life Insurance Policy had to be switched to her name instead of mine. He passed away 2018. After his passing the divorce was abated due to his death. she is stating there was no will(there was one cant be found) and she is the executrix of his estate as his widow and as far As I Know she is collecting survior benefits from social security as his wife (he was disabled). So my question is, if the divorce was abated in 2018 after he passed does that mean the prior rule fron the judge in mid 2017 to change her to the benefiery of the life insurance policy is now void due to the abatement?

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: It likely is abated as well.

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