A man whose wife died following their separation but prior to the final approval of a divorce decree has no claim to her estate because his post-separation conduct demonstrated “willful and malicious desertion,” the Superior Court has ruled.
In a unanimous opinion, a three-judge panel of the court held that Donald Talerico’s extramarital affairs following his separation from Kathleen Talerico deprived him of his rights under the forfeiture section of the Probate, Estates and Fiduciaries Code. The court emphasized that a spouse’s death does not invalidate the effects of a divorce proceeding.
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