Blog

Separation & Divorce: Death & Its Implications in Orlando, Florida

What are the implications of death on an Orlando divorce or separation? Until there is an executed final judgment of dissolution of marriage, you are still the legal spouse.

It may be beneficial for you to dismiss the dissolution of marriage and make your claim on the spouse’s estate. To do that, you would file a suggestion of death and voluntary dismissal of your case. You would need to obtain a copy of the death certificate without the cause of death and file that with the suggestion of death and voluntary dismissal with the court. This all depends on what the spouse left you in his or her will, or whether or not there was a will.

Most spouses’ property, including the marital residence is titled as husband and wife as tenants by the entirety. If the property is titled that way, and you are still married when your spouse dies, then you are owner of the property.

If you are still married when your spouse dies, you may be entitled to receive social security death benefits as the spouse. You children may be eligible for death benefits too. You would need to contact the social security administration to obtain what you are entitled to under those circumstances.

If your spouse dies and has debt in his or her name only, you are not responsible for that debt if an estate is not opened. If an estate is opened, then you have to file a notice to creditors and publish that. Therefore, it may be better for you not to open an estate.

Even if your spouse has tried to disinherit you, as a spouse in Florida, you are entitled to an elected share of the estate, if you are still married. You will need to contact an estate planning attorney such as Ian L Gilden, Esquire of Ian L. Gilden, P. A. at 407-732-7600 to learn more about whether to open an estate and the elective share and your rights regarding that.

If you are still the beneficiary of your spouse’s retirement account(s) and life insurance policies, you will receive them regardless if you open an estate.

If you have further questions regarding the effect of death on an Orlando divorce, you may contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at 407-732-7620.

This article is for information only and does not form an attorney client privilege.