During a divorce in Michigan, the union is dissolved and assets are divided up between the two parties. However when one spouse passes during this process of proceedings, the divorce ends immediately because a final judgement was never entered. Because the marriage is still considered legally intact until the court signs the divorce decree, the cause is dismissed and the surviving spouse will instead be treated as a legal spouse at the time of death.
After a spouse’s death the legal focus generally shifts from divorce law to probate and estate administration proceedings. In most cases, property division and inheritance rights as well as death benefits are often handled through the deceased spouse’s estate administration rather than family court. It is important to confirm the status of the divorce with the court in order to ensure that the proceedings will continue down this route.
Understanding Financial and Inheritance Rights
In these situations where the divorce was not finalized at the time of death, the legally surviving spouse has certain financial and inheritance rights. State law provides inheritance rights through intestate succession, which means the surviving spouse could be entitled to a portion of the estate even if the divorce was in progress. A surviving spouse can also claim an elective share which guarantees a minimum percentage of the estate, but this must be within a specific timeframe and can be waived by prenuptial agreements.
At the same time a valid will or trust for the estate may control how certain assets are distributed and can limit or alter what a surviving spouse receives. Beneficiary designations on life insurance policies, retirement accounts and similar assets usually override both divorce status and probate rules which means those assets pass directly to the named beneficiary. If this is in question, it is important to review this information with an estate or probate attorney in order to help clarify what assets a surviving spouse is legally entitled to receive.
In the event that a will is not present, the surviving spouse will need to go through the standard probate process. In Michigan, there is the option for formal (court supervised) or informal probate, which gives interested parties the ability to choose the type that fits their situation best. This is in contrast to many states, such as Florida, that require court involvement for all probate proceedings, necessitating the retainment of a probate attorney to sort matters out.
Immediate Steps After a Spouse’s Death
If a spouse passes away during divorce proceedings, it is critical to notify both the divorce attorney as well as the court handling the case as soon as possible. It is also important to obtain multiple certified copies of the death certificate as they are usually required for both financial and administrative matters that will follow. The next step is for the surviving spouse to gather all available financial records which include bank statements, retirement accounts, insurance policies and property documents that will help both them and their attorney understand the full scope of the estate.
Divorce proceedings themselves are often highly stressful with strong emotions. When this is compounded by the passing of a spouse, it is best to avoid making major financial or legal decisions immediately in order to avoid making a mistake while the legal picture is still developing. It is highly advised to speak with a probate attorney early on in order to have solid legal guidance applicable to your specific situation and protect your interests during this challenging time.
