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  1. #1
    needhelpHELP is offline Junior Member
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    BELIZE please respond

    What is the name of your state? PA

    I posted yesterday regarding my exboyfriend (father of my 2 girls) dying in a car crash. The post was locked for some reason. Belize you said that there was some kind of support that I might be able to get for my girls.

    Their father was driving home from a friend's house, and a deer ran in front of his car. I guess he swerved to miss it, and crashed into a guard rail. He died a couple of hours later from internal bleeding.

    Is this enough information? Is there anything I can do to collect more then just SS benefits for my daughters? Thanks.
  2. #2
    VeronicaGia is offline Senior Member
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    Quote Originally Posted by needhelpHELP
    What is the name of your state? PA

    I posted yesterday regarding my exboyfriend (father of my 2 girls) dying in a car crash. The post was locked for some reason. Belize you said that there was some kind of support that I might be able to get for my girls.

    Their father was driving home from a friend's house, and a deer ran in front of his car. I guess he swerved to miss it, and crashed into a guard rail. He died a couple of hours later from internal bleeding.

    Is this enough information? Is there anything I can do to collect more then just SS benefits for my daughters? Thanks.
    [url]http://forum.freeadvice.com/showthread.php?t=238564[/url]

    Anything that was left directly to another person, as a life insurance policy, bank accounts and home title usually is, does not pass through an estate. However, there are other things that may not pass through.

    You need to sue his estate. You'll need an attorney.
    __________
    "I owe nothing to my brothers, nor do I gather debts from them. I ask none to live for me, nor do I live for any others. I am not the means to any end others may wish to accomplish. I am not a tool for their use. I am not a sacrifice on their altars." Ayn Rand
  3. #3
    BlondiePB is offline Senior Member
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    Quote Originally Posted by needhelpHELP
    What is the name of your state? PA

    I posted yesterday regarding my exboyfriend (father of my 2 girls) dying in a car crash. The post was locked for some reason. Belize you said that there was some kind of support that I might be able to get for my girls.

    Their father was driving home from a friend's house, and a deer ran in front of his car. I guess he swerved to miss it, and crashed into a guard rail. He died a couple of hours later from internal bleeding.

    Is this enough information? Is there anything I can do to collect more then just SS benefits for my daughters? Thanks.
    BelizeBreeze asked you about the car accident because he was looking for a wrongful death lawsuit to pursue on behalf of your children. Given the facts of the accident, there is no claim. Only if the father of your children died intestate with assests that do not "by-pass" probate or if the father of your children provided for the children in his will without specifically disinheriting your children, will you be able to make a claim against the estate of your children's father. It will not be a child support claim. Otherwise, accept the offer from the surviving spouse.
  4. #4
    rmet4nzkx is offline Senior Member
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    I read part of the locked thread.

    The wife is entitled to 1/3 because she has 1 of his 3 children. How much support you get from SS will be on the greater amount between yours and his.

    However you may actually be able to make some other claims, some of which may depend on past claims you made in establishing paternity and child support.

    Did you and your ex actually live together? Although you did not formally marry, did you have a common law marriage? A common law marriage in PA until it was recently abolished was very easy to establish however if both of you denied the existance of the common law marriage or were not free to marry, in the past, then you might not have a claim. Although common law marriage was recently abolished, marriages established prior to 1-1-2005 would still be recognized. If you had a common law marriage, did he divorce you? Did he get married after your relationship? Were you both free to marry while you were together? If you had a common law marriage, consult with a family law attorney to help you establish your claim.
  5. #5
    LdiJ is online now Senior Member
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    I have just read your other thread...and I have to say that I think that the wife made you a very generous offer. You are going to be recieving social security for the children and I suspect that the amount of child support she offered you, plus the social security, would probably add up to what you were recieving before (I think she designed it that way).

    In addition, the 150,000 funds for college and after for the kids were also extremely generous.

    Her demand for visitation was a little over the top, but its possible that she is doing it in order to faciliate the ongoing relationship between the siblings and the rest of the extended family. Your kids DO need to maintain the relationship with their sibling.

    I think you should take the offer....but perhaps try to negotiate something a little more reasonable about the visitation.
  6. #6
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by legalcuriosity
    OP, you're STILL trying to get money that you don't deserve?!

    Good God woman! Grow up already.

    You were given LEGAL answers to your questions in the thread that was locked. They were NOT what you wanted to hear because you have no money, no job, no future, no life, etc and the wife of the deceased father of your children -- THE GUY YOU WERE NEVER MARRIED TO -- made better decisions overall for herself, bringing her more financial security. Something you didn't have the brains or common sense to do or were just too damn lazy.

    I find it interesting that this woman offered money for a college education for the children. SOMETHING SHE IS NOT OBLIGATED TO DO WHATSOEVER! You said "you're not worried about college." Well, obviously you didn't go to college, but I don't think the kids want to follow in their mothers footsteps. This woman should be commented for at least caring about the children's future. At least that money can be controlled so YOU can't blow it on God's knows what.

    THE FACT IS OP: you are in absolutely no position to negotiate anything. You never were and never will be in this situation. You have no shots to call in this one. You have nothing. Personally, I wish I could get ahold of the wife and tell her you don't deserve it. You better think long and hard about this offer. The wife has the cards and can play them anyway she sees fit. And there's not a damn thing you can do about it. You either accept her terms or you don't. You don't get to negotiate. The only thing you can say is "Yes, Ma'am!"

    Maybe the next time you get involved with a guy, you'll marry him first before popping out more mouths you can't afford to feed. Hopefully you spent Sunday looking through the jobs sections of the paper so you go back to work and getting a REAL paycheck. THAT is what you should be dependent on.
    PUT A SOCK IN IT NOW!!!!!!!!!

    As to the original question, Blondie was correct. I was hoping that, based on the facts of the accident, your children could have received some form of compensation for losing their father.

    As Blondie told you, the facts do now support any recovery.

    Make your peace with the facts of his passing and don't deny your children their sibling...no matter how painful.
    Just because I'm a miserable human being doesn't mean I'm not right...
  7. #7
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by legalcuriosity
    Umm...no! I have every right to post with an attitude like you do. At least mine aren't as bad as the majority of yours. This woman deserves to be lashed at like she has been. Gimme Gimme Gimme. Please.
    Can you say Goodbye?
    Just because I'm a miserable human being doesn't mean I'm not right...

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