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Q: Divorce agreement after death ( No Answer,   4 Comments )
Question  
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.
Answer  
There is no answer at this time.

Comments  
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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