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| Subject:
Divorce agreement after death
Category: Miscellaneous Asked by: b0bby234-ga List Price: $5.00 |
Posted:
01 May 2005 21:54 PDT
Expires: 31 May 2005 21:54 PDT Question ID: 516678 |
What happens if a married couple gets divorced (in Pennsylvania) and in the divorce agreement, one partner agrees to pay the other partner a certain dollar amount once a year for the next 5 years. 2 years after the agreement, the partner dies. Is the partner's estate liable to continue payments? No specific mention of death has been mentioned in the agreement. |
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| There is no answer at this time. |
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| Subject:
Re: Divorce agreement after death
From: frde-ga on 02 May 2005 01:11 PDT |
What happens to mortgage payments when a person dies ? Or finance on a car ? Death does not terminate outstanding contractual financial liabilities. |
| Subject:
Re: Divorce agreement after death
From: owain-ga on 02 May 2005 12:29 PDT |
There's a difference between a debt, which must be paid out of the estate, and an ongoing commitment to pay, which will usually cease upon death. The estate has no income from which to make the annual payment, and cannot set money aside for this purpose (even if there is enough) because it does not know when the *recipient* will die. Owain |
| Subject:
Re: Divorce agreement after death
From: 4keith-ga on 02 May 2005 15:20 PDT |
Only a business law or probate attorney can answer this question best. How much money are we talking about here? What term best describes the owed amount--is it alimony or something else? The person who is owed can file a claim with the executor of the estate to demand full payment of the outstanding amount if there is enough money in the estate to be able to afford to pay. 4KEITH (I'm NOT a GOOGLE Researcher) |
| Subject:
Re: Divorce agreement after death
From: frde-ga on 02 May 2005 23:51 PDT |
@owain Bobby clearly stated that 5 payments were agreed - that is not 'ongoing' There was also no mention of the payments coming from income. It is also quite possible that an estate has an income. My interpretation is that there was a clear contract, even if it was verbal, it would have been a contract - provided the wife provided something tangible in return. Of course a lawyer should be consulted - but it looks pretty clear to me. |
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