Tuesday, December 22, 2009

My Ex Husband has died there are three children from previous relationship?

My ex has died. I do not think I am entitled to any of his estate as he has three children from a previous relationship. My friends are all badgering me saying that they think I should have a claim on his estate. Where do I stand?My Ex Husband has died there are three children from previous relationship?
if u were married more than 10 yrs u could get his social security, but unless u were put in his will u wouldn't be entitled to any of his estate, because your an ex.My Ex Husband has died there are three children from previous relationship?
Sorry about your loss..





You should consult an estate lawyer, definitely! If you ex had a will and you were not listed or if he did not have a will, you probably will not have a claim on his estate. Unless, there was some kind on verbal promise on tape or witnessed event that he stated that he will ';take care of you';, that would be your only possibility.





However, my first question would be.. how long were you married? In some states, depending on how long you were married and how old you are, will dictate what you will be entitled to as far as Social Security. Most states you will need to be at least 60 years old and married to the deceased at least 10 years to receive widow's benefits. Also, if his children are minors, they will receive benefits until they are 18.





You need to do what you can live with, if you feel you are entitled, go for it! Just be sure to ask yourself 1. is it the truth? 2. is it fair to all concerned? Will it be beneficial to all concerned?
Unless your divorce decree gave stipulations of his estate upon his death you have no more claim upon it than any other person. It would be different if he died WHILE the two of you were married, but the divorce severed your relationship with him and the decree clearly spells out what you are entitled to. Where you stand is as an ex wife of a man who has died, nothing more.
You probably have a claim on social security benefits (if you were married more than 10 years) but on his private property, nope, even in community property states--because your claims were extinguished with the money you got at the divorce settlement. Of course, nowadays, the courts accepts suits from anyone about anything (It rains, I'll sue!), but you can save the cash you'd pay to a sharkey lawyer.
You may have a claim on his social security benefits.





You need to check this our immediately.





You need to contact the Social Security office. Look it up in the Telephone book.





Good Luck.





Peace.
First, for my self I would ask, is this something I am ok with perusing or is it worth even bothering with. There may very well be some entitlement of his assets due to you, however if you never talk to an attorney you'll never know for sure. This is a good question for you to ask a local attorney during a free consultation.
You sound like a gold digging hoe who probably married him in the last months of his life so that you could end up with all his money when he die. You dont have children with him so he owes you nothing. Besides, you old are you? 25? How old was he? 65? It seems you a gold digging hoe who married a sugar daddy to get all his money.
i hate stupid beezy's like you. What part of ex do you not understand? The second you divorced him, you gave up your worthless right to anything of his. you dont deserve it. What makes you think you deserve it. You divoreced him. If you pursue your quest to take what was not yours, you really need to look at yourself as a human.
Ask a lawyer.





That said, do you need the money? Would you not be depriving his other children by making a claim just because you can? Who cares what your friends think - just because something is there, you don't have to grab it.
You shouldn't get anything. Your the ex why would you get anything. With that kind of logic the girl he kissed in middle school should also be entitled to something, and the girl he had a crush on in highschool should be too.
No, you aren't entitled to anything. Unless you were his wife when he passed away.





His kids are the ones who should get everything.
While I think the children should get it all...I know you could be entitled to his Social Security; depending on how long you were married.
You should get a lawyer and find out.
legal question. try legal zoom. it is cheap and helped people i know. good luck.
take it all! he was your husband and that's your right.

No comments:

Post a Comment