I am terribly sorry that you are in this situation. It sounds as though your mother has a will that would entitled him to nothing in the event of her death and that he knows about this.
They must be separated a year and a day before he can file for divorce. Equitable distribution could be postponed by the situation but I do not know if a will overrides ED. That will have to be answered by an attorney. Normally, he would be entitled to 50% of the marital assets but if she has a will, it could mean that he gets nothing so this is his only option. This could also be true of his settlement. She is entitled to 1/2 of that money if the incident took place during the marriage. It may be that the home and the estate is left to you or other family…

I’m not sure what the judge would say about a restraining order taken out on someone who is physicially incapable of harming, stalking or harrassing the complaintant, unless there was an incident that occured prior to her being in the hospital.
I suggest that if you find out if she has an attorney, a will and if that attorney could go to court the 27th to explain the situation and get her absence from court excused…

I am very sorry to hear about your situation. If they acquired not property during the marriage, then there is nothing that is subject to division and if she is in a hospice and unable to work then the court will not order alimony to be paid. Even if she passes away the court can divide the property that was accumulated during the marriage.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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I do not know if anyone has ever heard of this happening, but nothing would surprise me. My mother is dying. 76 years old. Stepfather 81 and served her with separation papers while she was in rehab. She is terminally ill. He is requesting alimony and a restraining order against her. He lived in the home my father built for 24 years and brought nothing but two sheets and an old recliner (the truth) to the marriage. He received a tremendous settlement from an accident during the marriage, but never used any of it for my mother. Everything my mother has is in a life estate, so she does not have anything. She has to go to Court the 27th when she cannot even walk and is on oxygen 24/7. She is currently cared for by hospice and a private sitter. Please tell me no judge in his right mind would do anything to my mother! This degenerate and his family are suing for 50%.