San Antonio, Texas Divorce Lawyer Addressing the Death of a Spouse

Divorce Attorney Serving Clients Impacted By Death in San Antonio

The death of a spouse during a pending divorce in Texas creates a highly complex and emotionally sensitive legal situation that may affect how property is divided and whether the case can proceed. These situations, although rare, require a careful, experienced legal approach to protect the rights and interests of surviving family members.

Attorney Brandon Wong has over 15 years of experience handling sensitive and legally intricate family law matters, including cases where one spouse dies during an active divorce proceeding. With more than 225 five-star testimonials from satisfied clients, Brandon Wong is widely known for his thoughtful, informed representation in high-stakes and emotionally charged cases. His deep understanding of family law allows him to handle each case with precision and care.

What Happens to a Divorce Case When a Spouse Dies Before Finalization?

In Texas, if one spouse passes away before a divorce is finalized, the case is generally dismissed. Texas courts hold that a divorce requires two living parties to legally dissolve a marriage. Without both spouses alive, there is no longer an outstanding legal dispute for the family court to resolve. Instead, the matter shifts to probate court.

This shift has significant consequences for property rights and estate administration. Due to the divorce not being finalized, the marriage is still legally in effect at the time of death. As a result, the surviving spouse may still have legal claims, including:

• A share of the deceased spouse's estate under Texas intestate succession laws (if no valid will exists).
• Any inheritance granted in the deceased spouse's will.
• Authority to administer the estate if they have been named the executor or personal representative.
• Community property rights regarding assets acquired during the marriage.

Attorney Brandon Wong works with surviving spouses and families to address these sensitive legal matters with care and clarity.

Common Legal Issues Arising from Death During Divorce Proceedings

When a death occurs during an active divorce case, several legal questions may arise. These issues require careful legal interpretation and, often, collaboration between family law and probate courts.

Property Division Through Probate Instead of Divorce

After the divorce case is dismissed, property division is no longer governed by Texas family law. Instead, it is addressed through probate law. In many cases, the surviving spouse still owns half of the community property outright, while the deceased spouse's half passes to heirs or beneficiaries named in their will. If there is no will, Texas intestate laws will determine who receives the decedent's share.

Brandon Wong ensures that surviving spouses or family members receive accurate information about their entitlements under community property and probate rules.

Invalidating Prenuptial or Postnuptial Agreements

In some situations, one spouse may have been contesting a prenuptial or postnuptial agreement before their death. The legal enforceability of such agreements may become a point of contention in probate court. Brandon Wong helps surviving spouses defend or challenge such agreements, ensuring that they are fairly interpreted under Texas law.

Conflicts Between Family Members and the Surviving Spouse

Disputes can arise between the surviving spouse and the deceased spouse's children or other heirs. For example, if a spouse dies during divorce, and the other spouse was removed from the will, or vice versa, conflicts may emerge over whether the will or community property law controls. Brandon Wong works to resolve such disputes effectively, coordinating efforts across probate and family court systems.

Ongoing Support or Temporary Orders

If the deceased spouse was paying temporary child support or spousal maintenance during the divorce, those orders may no longer be enforceable upon their death. However, surviving family members may still have the right to file claims against the estate for unpaid support or other obligations.

Contact Our San Antonio, TX Divorce Attorney

If you are facing the unexpected death of a spouse during a divorce, or if you are a family member dealing with the legal complications that follow, attorney Brandon Wong is here to help. Call 210-201-3832 or complete our online form to schedule your consultation.