Estranged Spouse Has Reappeared to Claim Estate

[AKW312]

My question involves defamation in the state of:

My brother in law recently passed away unexpectedly. After his death we found that he had married a lady out of "convenience" I guess is the best term to use. The marriage helped with health insurance. The marriage was never consummated. The had a fight and the lady publicly displayed personal medical history that jepordized his career and subsequently made him move to a different area. We are waiting to get access to his phone and computer where there is emails and message that are very hateful, including comments wishing he were dead etc. We have witnesses that will make statements supporting all of this information. My brother in law had started the divorce process but the officials could never locate the lady to serve her the papers. She dropped off the earth and magically re-appeared when the news of his death surfaced. Because the divorce was never finalized she is considered the next of kin giving her power of attorney. I have this week only to find out if its worth fighting for. My brother in law had not spoken to this lady for several years and had unfortunately procrastinated getting the divorce finalized.

We have now found that in less we can work something out, she will take all of his personal possesions, including anything in his bank account. Money is not important to us, but we know she will dispose or sell his belongings to continue to prosper from his death.

I know my topic covers several legal issues but if anyone can help our family out with this by giving helpful information I would greatly appreciate it.

Thank you,
Alan

[flyingron]

What state is this?

In the US, consummation means squat. Until he actually got a decree of divorce they are married. Such is the peril of getting wedded.

There is no such thing as "power of attorney" for a dead person. Once a person dies, that which he owns is owned by his estate. Some things may pass to the spouse directly depending on how they are titled and the state in which he resided (WHICH IS WHY WE ASK AND YOU DIDN'T ANSWER). However the estate is transfered by probate according to his will (if he had one) or the laws of intestate succession (if he didn't not). Again the rules of intestate succession and even probate procedure in general vary from state to state.

If he had children (either from this wife or a former marriage), they'd be in a better position than siblings or more distant relatives.
You should have a lawyer to:
figure out what parts of property you are concerned about are indeed part of the estate,
figure out what parts are likely to transfer by probate to people other than his spouse,
attempt to negotiate with the estate and the spouse so that the personal items you specifically want are transferred in favor of selling them and splitting the proportional estate to the heirs.

While the woman sounds malicious, there doesn't seem to be actionable slander. Posting medical records (even when malicious) isn't slander and saying hurtful things isn't by themselves slanderous either.

[AKW312]

They were married in Virginia, he was in the military. the blood family all live in N.C.

There were no children. The main posessions we are concerned with are the blongings he had with him at the time of death (luggage, personal jewelry, etc.), his car, and his bank account (due to re-enlistment, we think he may have had a larger bank account then usual). The spouse should not be allowed any of this but legally the military is saying they have to give it to her. We actually have the car now (it was not paid for and we are pretty sure that there was no insurance to pay it off in case of death).

Now, to the part about Slander. Could we use what she did as leverage to sign over POA to us or just give us his posessions? Is there a case at all in there for Slander since we have proof and witnesses?

Last, how would someone finalize a divorce if the person could not be found to serve the papers to? Like I said, this lady dissapeared until now.

[Dogmatique]

That would be called blackmail. Not advisable.

If your brother-in-law didn't act upon any wrongdoing, it's too late for a third party to act upon it now. Divorce is also a non-issue. She is, and will remain, his widow and next of kin.

[flyingron]

Virginia law applies. Accounts and property held with rights of survivorship or by the entirety are hers.
The rules of intestate succession in the commonwealth says that, absent any issue (children or further descendents), the spouse gets it all.

As unpleasant as the marriage was, it is still a marriage. If he didn't succeed in the divorce, she's entitled to what a wife is entitled to.

Again. DEAD PEOPLE do not have POWER OF ATTORNEYS. Period. There's nothing to sign over. You've not indicated one thing that indicates actionable slander. Threatening action in order to extract pecuniary gain on your part is called extortion. That's a crime.

There are ways to deal with disappearing spouses in divorce actions, but all that is moot now. He didn't succeed in divorcing her, so unless you can show some reason why the marriage was ab initio void (unlikely), there's nothing you can do about it now.

[Mr. Knowitall]

If you want, you can open an estate in the state and county of death and attempt to invalidate the marriage. You can expect that to cost somewhere in the five figures.

I make no promise about outcome.