Probate input, anyone?

Discussion in 'Random Ramblings' started by wegotchickens, Apr 17, 2009.

  1. wegotchickens

    wegotchickens DownSouth D'Uccles & Silkies

    Jul 5, 2007
    Sevier County, TN
    The ex killed himself in March.
    Our divorce decree stated that he had to leave me as the beneficiary of $50K in life insurance. He did, but on a policy through work that won't pay due to the suicide clause.

    He left the life insurance policy that will pay to his mother, and also left her as the executor of the estate. She lives in NC, not TN.

    He was deeply in debt and I'm not sure the sale of the house will offset that.

    In any case, are they left controlling the $ that should be for my 2 daughters?

    DH won't let me hire an attorney, he thinks that nothing will be left and we'll never see the $50k the ex was supposed to leave me for care of the children. I'm thinking this is a mistake, and I need to talk to someone with legal expertise.

    I'm hoping those of you with some knowledge on this subject can help me decide if I should fight on this or not. I'm very conflicted!!
  2. EweSheep

    EweSheep Flock Mistress

    Jan 12, 2007
    Land of Lincoln
    You will need to get an advise or hire on an attorney for this matter. You will have to see what your two daughters will benefit.

    Sorry about your ex. I sure hope someone has something better advise than I can.
  3. HarlansHollowFarms

    HarlansHollowFarms bana-bhuidseach anns gára

    Jan 16, 2009
    Most attorneys will give you a free consultation, I would highly advise you speak with one with expertise in this area.
  4. cassie

    cassie Overrun With Chickens

    Mar 19, 2009
    You REALLY need to talk to an attorney about this one. If your husband keeps telling you nothing can be done just ask him where he got HIS law degree. Since this has to do with you and your children, tell hubby to butt out. There very well may be a loophole in the suicide clause. If there is, the insurance people are unlikely to tell you about it. You need an attorney. The worst that can happen is that the attorney will tell you nothing can be done, but you won't know until you consult with one. How would you feel if you did nothing and found out years later that there was a solution to the problem, but that by then it was then too late to do anything?
  5. wegotchickens

    wegotchickens DownSouth D'Uccles & Silkies

    Jul 5, 2007
    Sevier County, TN
    Quote:This is exactly why I've been worrying!

    Plus, the ex-in-laws, who were so nice and supportive at first, have suddenly gone very sneaky on me. I posted this because they called at 11am to tell me they were seeing an attorney at 1pm and showing the ex's house at 3pm this afternoon.
    On Monday they were trying to decide if I should be executor or not, and said they could wait a while to make the decision! That's a heck of a change, in 3 days!!!

    And to make matters more upsetting, they wanted to drop the cousin and her boyfriend at my house, to "hang out" with my kids while they went to these meetings! [​IMG]
    I said no way no jow. They'll have to wait until DH or I get home before they can leave any kids there! That's been a rule at our house for YEARS (no kids over unless an adult is home).
    I've never met the boyfriend, but I know the cousin has been trouble in the past. [​IMG]

    Guess I need to go make a phone call. I've tried internet research but it really doesn't tell me a while lot.
  6. DarkUnicorn

    DarkUnicorn Chillin' With My Peeps

    May 12, 2008
    Walden, NY
    Don't forget that the survivor benefits for the kids if they are his. Have you started the paperwork on that?

    And if there was any kind of filed will should also determine quite a bit.

    Get that attorney TODAY! Also call their attorney and have a copy of the divorce decree out and ready. They may not be telling him the whole story....

    I'm not sure they can show the house or arrange any kind of sale..... Seems fishy.

    Get the attorney today.

    Find out if they are using a real estate agent and call the office, speak to a manager and inform them of the unresolved legalities that are ongoing. The realtors should back off, they don't need a possible lawsuit against them.
    Last edited: Apr 17, 2009
  7. DarkUnicorn

    DarkUnicorn Chillin' With My Peeps

    May 12, 2008
    Walden, NY
    Better yet get over to the house for this "showing" and say something right then and there!
  8. Intheswamp

    Intheswamp Chillin' With My Peeps

    Mar 25, 2009
    South Alabama
    Quote:wegotchickens, if you "tell your hubby to butt out" the "worst that can happen" is that you might end up with another "ex". Pursue the matter, but don't alienate your husband and add to your troubles.

    I'm no lawyer, but have been around the block a couple of times. I would think that you have a slim to no chance of getting any part of the proceeds of a life insurance policy that has someone else listed as the beneficiary. You may be able to realize something from the sale of the house, though it depends on what secured loans/mortages he may have had....along with having a favorable judge hear the case...which also means hiring a lawyer.

    Whether he left anything to your kids or not, your ex crapped on his kids and the rest of his family by killing himself. No sympathy here for suiciders.

    Last edited: Apr 17, 2009
  9. seismic wonder2

    seismic wonder2 I got mad ninja skills

    Feb 3, 2007
    san diego ca
    Many Lawers will work for a % of the probate and Nothing if they loose. Talk your guy into that.
  10. texaschick-a-dee

    texaschick-a-dee Chillin' With My Peeps

    Dec 8, 2008
    Texas coast
    I can tell you how this would go in Texas. You would not get any money from a life insurance policy that was left to someone else, the beneficiary would be entitled to all of it. When my Dad died his wife was the beneficiary on his life insurance which paid for his funeral, no will so I was named the administratex of the estate. Lawyers involved and guess who had to pay the dear wife back for the funeral so she wasn't out any $$ of the life insurance. You got it, me because I was over the estate (which had no $$ btw). Still makes my blood boil!! If I had it to do all over again I would have stayed out of the whole mess. If I were you I'd let his parents deal with it and you can apply for the SS benefits that your kids are due.

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