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Re:death before divorce (1 viewing) (1) Guest
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TOPIC: Re:death before divorce
hunterls (User)
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death before divorce 7 Years, 12 Months ago Karma: 0  
My friend's spouse died before the divorce. His mother died sept09 and left a florist shop to him and his sister.

They never changed the name from the mother to the spouse , Isnt my friend entitled to half the florist business.

The sister is now contesting the mothers will.
Thanks for your help
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steve (Admin)
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Re:death before divorce 7 Years, 11 Months ago Karma: 3  
Sounds like there are multiple issues to sort through.

The first issue is whether the mother's Last Will and Testatement ("Will" will be honored or if the interested party (daughter) has a valid claim to contest it.

Second, if the Will is valid on its face and the sister is contesting it, then does the sister have any preferential right to the florist shop? E.g. First right of refusal to acquire in a separate agreement, operating agreement or shareholder agreement.

Third, did the deceased have a trust that provided that any assets held in trust would bypass the surviving spouse if the decedent and his spouse were separated, filed for divorce or were divorced. If the mother's share of the florist shop were to be split into tw shares (1 for son and 1 for daughter), then mom dies and each child get their respective share, and the son has a trust and pour over will and the trust says surviving spouse get nothing upon separation, divorce, etc, then surviving spouse may have a touch claim.

Need a little more info.

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