Up until the time your divorce decree is finalized, your spouse can legally inherit a martial share of your estate if you die. For those who are older or ill, this can pose a problem for heirs. When an individual is in the process of divorce and dies before it's complete, the spouse inherits the marital share, even if a Will specifies it should go to others. A crafty husband or wife who knows that a spouse is very ill and may pass away before a divorce is consummated might attempt to delay the decree, in hopes of gaining estate assets. This is just one of the reasons why when you decide to divorce, it's generally advantageous to complete the process as expeditiously as possible. Needless to say, being acrimonious and getting involved in bitter litigation do not speed things along. If you want to divorce but are not well, and have something to leave to your kids or others, consult your lawyer about a strategy to get the process done and over with.