MovieChat Forums > Ric Ocasek Discussion > Cars singer Ric Ocasek cuts supermodel w...

Well, you never know what goes on in a marriage. She was a top fashion model for a long time. Hopefully she saved and is financially secure.

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Umm, can you even do that anymore in 1st world countries?

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It depends on the state where the person lived prior to death. As I understand it he lived in New York... if that is true then he can't cut her out as he tried to do. If the divorce had been finalized then he could have but since the divorce was not yet finalized it would be treated as a separation in which case the surviving spouse cut out in the will has the right to contest it and is entitled to 50,000 or 1/3 of the total assets which ever is greater. So while he may have wanted to cut her out he should have finalized the divorce before he died. The courts won't care that they stopped living together they based everything on whether the marriage was legally dissolved and that does not happen until a court issues a divorce decree which had not happened yet.

In other states the basic rules are generally the same only the percentage of what the surviving spouse is entitled to changes to as much as 1/2 of the total estate.

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This sums up the laws in NY regarding leaving out a spouse in a will. It's all very interesting to me, I knew nothing about it. I notice it says that if your spouse abandons you, the rights to inherit are waived. That is possibly why he specifically used the word "abandoned" in his will. http://www.nycprobate.com/probate-blog/disinheriting-your-spouse/

A lot will probably depend on whether or not Paulina tries to contest the will or not.

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It would have to be proven that she abandoned him. Given she was the one that found him dead it would be a stretch to claim she abandoned him. Generally there is a legal definition for abandonment which would require X number of years of actual abandonment... I've seen some reports that they still lived in the same house, so it is questionable how abandonment could really be proven.

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You Might Think Ric was playing with his Best Friend's Girl.

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