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He died before divorce final

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tracyttru

Junior Member
What is the name of your state?What is the name of your state? Colorado
My daughter was 2 weeks from getting a divorce when her ex died from congestive heart failure 2 days ago. He was just 25 and they have a 2 1/2 year old son. She hasn't talked to him in a year and they have been separated for 2 years, he hasn't tried to see his son either and had not shown up for any of the court appearances before this. He was abusive, used drugs and a real loser. Now she is told by the funeral director that she is financially and legally responsible for the arrangements etc.. She wants no part of it and doesn't even want to meet with them to give the ok. He was living with his girlfriend and they have a 2 month old baby together and she has no rights what so ever. The question is, is the funeral director correct in saying that my daughter is totally responsible or is he just trying to make sure he gets his money. If my daughter says they can do what ever they want can they come back and charge her for the funeral later even if she never signs anything? His parents are in another state and are willing to do this, but can't get here until the day before the funeral. I guess we just want to make sure her interests are protected so she isn't taken advantage of. I am going to the meeting at the funeral home this morning, but my daughter refuses to go. I would like to be informed when I go as to the best way to handle this so they can have their funeral without taking advantage of her.
 


BelizeBreeze

Senior Member
Now she is told by the funeral director that she is financially and legally responsible for the arrangements etc.. She wants no part of it and doesn't even want to meet with them to give the ok.
Yep, she is his wife. I would suggest she put him in a pine box, pour gas over it, match against the striker plate and have a weenie roast.
 

rmet4nzkx

Senior Member
Yes she can get him cremated and his ashes to go, depending on state laws she can opt for the least expensive cremation. If his parents or his girlfriend want anything else, they will have to pay for it, so if they want him not to be cremated they better cough up the money by electronic transfer or what ever.

Now for the other details, she will need to apply for social security benefits, there will be a small survivor's death/funeral benefit which will offset some of the funeral expenses. She as the widow will be allowed survivor's benefits until she marries again and for her child until they turn 18, this will insure the future but will not pay any pending back support, but more likely more than if he had been ordered to pay and didn't. If he is a veteran she should also apply for benefits. She would be entitled to other insurance etc. depending on the policy and or whether or not he has a will. The mother of his other child can also apply for SSA survivors benefits for that child if they have proven paternity, but there will be no survivor benefits for that mother and doesn't lower her amounts at all. So if there has been no paternity proven yet for that child, it would be in that child's best welfare to allow collection of a sample as it won't affect her benefits at all and not the fault of the child.
 

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