Q: My son died before the judge signed his divorce decree. His wife wasn't contesting. He was military & stationed in NM
He passed away in his home in NM. There is no probate filed and he had no will. As his mother, do I have a case for his estate?
A:
Maybe.
A key question will be whether the judge judicially pronounced the divorce even though the decree itself isn’t signed.
If your son didn’t have any children or siblings, you may be entitled to inherit from him.
A:
If your son passed away before the judge signed his divorce decree and he did not have a will, his estate could be distributed according to the laws of intestacy in the state where he was living at the time of his death.
If your son was not married at the time of his death and did not have any children, his estate could be distributed to his parents, equally (under the laws of Texas).
As your son's mother, you may have a claim to a portion of his estate under these laws of intestacy. However, it's important to note that you will need to go through the probate process to be legally recognized as an heir and to receive any distribution of the estate.
If you are interested in pursuing a claim to your son's estate, you may want to consult with an attorney who specializes in probate law in New Mexico. They can help you understand your rights and options and guide you through the probate process. They can also help you navigate any unique issues related to your son's military status and location at the time of his death.
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