Q: Spouse filed and served a petition for Annulment of marriage. I have received papers. He has passed before my response.
What do I do? Do I still have to respond, and file with the court house? There is no more marriage to annul, though it is a summons.
A: Once a party to a divorce that is pending passes away the family court loses jurisdiction meaning the case is over. You do not need to do anything, although you may want to notify the court of the death. Speak with a local family lawyer for more specific advice.
Terrence H Thorgaard agrees with this answer
A: I am so sorry for your loss. Under these facts as I understand them your deceased Husband's estate would not be able to substitute into the dissolution action. You should file a Suggestion of Death in your case so that the court is aware that this is not a matter of a default judgment that might impact you in the future. You should consult with an estate planning attorney to be certain that your inheritance through death or estate planning occurs correctly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.