Khloe Kardashian and Lamar Odom are still legally husband and wife, which means the 31-year-old is in charge of making the medical decisions at this time.
Although the E! star and former NBA player each signed off on their divorce back in July, E! News has learned that a judge has not signed off on the divorce paperwork yet, which means these exes are technically still a married couple. "It is not final until it is final. They are still a married couple in the eyes of the law," legal expert Troy Slaten tells E! News.
As for the reason behind the delay, the courthouse tells us it's simply due to a file backlog, adding that they're just now getting to divorces filed in June, so since Khloe and Lamar signed off in July (she originally filed in December 2013), the courthouse is estimating that it will be finalized later this year.
With that said, it's also been confirmed that Khloe is Lamar's next of kin. "Khloe is still his wife and she makes all the medical decisions and she is the next of kin," Slaten continues. "If Lamar were to pass away, because she does not need anything from him, I doubt that she would take anything in his will or estate and she would defer everything to his children."
Slaten adds that unless the former couple signed a medical directive during the divorce, Khloe would be making all medical decisions for him because she is still technically his wife.
Regardless, Khloe has not left Lamar's bedside as he continues to fight for his life after being found unconscious at a Nevada brothel Tuesday afternoon.
Sources tell us that Khloe is understandably "completely inconsolable" and "heartbroken" as she continues to pray for her ex's recovery.
Kris Jenner has been by her daughter's side throughout the night and was seen outside of the hospital's Emergency Trauma entrance around 5 a.m., looking somber and distraught.
E! News can confirm Odom was found on Tuesday afternoon, unconscious in a room at Dennis Hof's Love Ranch South by a member of the staff. Shortly thereafter we're told he "was stabilized and transported to Desert View Hospital arriving at 4:16 p.m." where doctors intubated him. The basketball player was subsequently transported to the Las Vegas Sunrise Hospital where he currently remains in a coma in "critical condition."
While at Sunrise Hospital, a source told E! News "drugs were found in his system" and doctors are treating the situation as an "overdose." The source also said that the basketball player suffered a "loss of oxygen," resulting in what appears to be an "ischemic stroke" caused by a blood clot preventing blood flow to the brain.
"Likely there's brain damage, but they're not sure how much," the source added. "Virtually every drug imaginable was found in his system."
Crack cocaine, one of the drugs found, caused him to choke, according to an insider. "He was doing crack cocaine all weekend and he choked on his mucous," the insider explained. "They're now having to fix all the damage it has done."
Despite the great damage, an insider does not attribute this event to a suicide attempt. More likely, the insider explains, it was an accidental overdose.
For more on Lamar Odom's hospitalization and how Khloe Kardashian is coping, tune into E! News at 7 & 11 p.m. tonight on E!