In Re Marriage of Wagner v. Sobczak
Where parties stipulated to non-modifiable maintenance, Wife had a claim against Husband’s estate for unpaid portion at his death.
Sulzer v. Diedrich
Trial court should have imposted a constructive trust, rather than a money judgment over the appropriate amount of pension funds where husband died prior to division. Use of a constructive trust would prevent unjust enrichment by the second wife.
Sinai Samaritan v. McCabe
Trial court should have imposted a constructive trust, rather than a money judgment over the appropriate amount of pension funds where husband died prior to division. Use of a constructive trust would prevent unjust enrichment by the second wife.
In Re Marriage of Socha v. Socha
Deceased party cannot be held in contempt. Cause of action abates upon death.
Marriage of Pettygrove v. Pettygrove
Oral granting of a divorce at 3:08 p.m. is abated by death of a party at 2:05 p.m.
In Re Marriage of Lutzke v. Lutzke
Whether joint tenancy continues after divorce depends on intent of parties.
In Matter of Estate of Graef
Divorce revokes only those portions of will directed at wife, the remainder stays intact as if the spouse had died.
In Re Marriage of Roeder v. Roeder
Divorce granted orally by the court before completion of evidence on division of property. Family court retained jurisdiction over the marital property when H died – probate and family courts have concurrent jurisdiction.
In Re Marriage of Morrissette v. Morrissette
Family court can exercise jurisdiction where party dies and disposition of house was ordered in divorce judgment. Family court jurisdiction continues until property is disposed of pursuant to provisions of judgment. Both family and probate courts had concurrent jurisdiction.
Rauser v. Rauser
Obligation for maintenance terminates either upon the death of the wife or upon the death of the husband.