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what rights does a legally seperated spouse have if ...

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Esme1969

Junior Member
What is the name of your state (only U.S. law)? Washington

My sister passed away in January 2010, she was separated from her husband for 6 years prior, and was going through the process of a divorce, filing , trying to get primary custody of her 11 yr old child...Her soon to be ex-husband lives out of state. He has a live in girlfriend, and two children with her, not sure if this info is important.
What I was wondering, as far as her "estate" since they were not legally divorce, her "husband" received her social security benefits, which I understand why, he has custody of their child.
Since she lived with our parents, we have all her belongs, he hasn't asked for anything, and I don't believe he deserves anything, since he didn't pay child support till a year prior to her death, or helped her much with anything else, and they had been separated for years. I have her journals, which contain emails between both of them, with a LOT of information, I am sure he wouldn't want anyone to know, can he , in anyway, try and sue me for them later? Or anything else of hers for that matter? Her car was in his name, but he immediately signed that over to my parents.
Thank you in advance for any help.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Washington

My sister passed away in January 2010, she was separated from her husband for 6 years prior, and was going through the process of a divorce, filing , trying to get primary custody of her 11 yr old child...Her soon to be ex-husband lives out of state. He has a live in girlfriend, and two children with her, not sure if this info is important.
What I was wondering, as far as her "estate" since they were not legally divorce, her "husband" received her social security benefits, which I understand why, he has custody of their child.
Since she lived with our parents, we have all her belongs, he hasn't asked for anything, and I don't believe he deserves anything, since he didn't pay child support till a year prior to her death, or helped her much with anything else, and they had been separated for years. I have her journals, which contain emails between both of them, with a LOT of information, I am sure he wouldn't want anyone to know, can he , in anyway, try and sue me for them later? Or anything else of hers for that matter? Her car was in his name, but he immediately signed that over to my parents.
Thank you in advance for any help.
If he signed a car that was in his name, over to your parents, then I think its highly unlikely that he is going to make a claim for anything else of hers.

Pack it all away for her child to have later...and/or sell the non-sentimental things and put the money away for her daughter to have later.
 

mistoffolees

Senior Member
If he signed a car that was in his name, over to your parents, then I think its highly unlikely that he is going to make a claim for anything else of hers.

Pack it all away for her child to have later...and/or sell the non-sentimental things and put the money away for her daughter to have later.
I would temper that with one thing. Sounds like OP is talking about incriminating stuff (I'm hoping that blackmail wasn't in OP's mind when she said it was stuff he wouldn't want anyone to know). Mom is gone, there's no reason to give incriminating things to the child - now or later. I would destroy all the letters and emails which have incriminating things. It's just not right to dump that on the daughter.

If he asks about it, OP can honestly say that they were destroyed.

The rest of the stuff can be sold or saved for the child.
 

Ohiogal

Queen Bee
Did the sister leave a will? If not, then there are issues. You folks are telling OP to sell things which LEGALLY belong to the husband. That is a problem. They were not LEGALLY separated unless there was a legal separation agreement and then the CHILD owns everything most likely.
 

mistoffolees

Senior Member
Did the sister leave a will? If not, then there are issues. You folks are telling OP to sell things which LEGALLY belong to the husband. That is a problem. They were not LEGALLY separated unless there was a legal separation agreement and then the CHILD owns everything most likely.
Good point. I shouldn't have suggested that.

However, I still say that giving the incriminating stuff about Dad to a child is wrong.
 

Esme1969

Junior Member
Thank you all...no blackmail, I love this child as my own, I took care of her from 6 months -4 yrs old.

My sister was a published writer, and she also has a book manuscript that hasn't been published. I am planning on getting it published..of course all proceeds going to her baby, who at only 12, plans on going to college.

I am writing about our experience during her illness, and death. She died of H1N1, I kept a journal, and some of the things she had written in her own journals, explain a lot of what I had written in mine.

My main concern is ,these are emails she saved because she was fighting for primary custody of her child. What is the law, if any concerning emails. There's nothing "incriminating" , mainly family issues, but if I chose to use portions of them, can he sue me, even though they were her's to keep...

Just trying to cover all my bases here. Thanks again!

No will, and while she was in the hospital, he signed over all legal decisions over to our parents, as far as her care and such.
 
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LdiJ

Senior Member
Thank you all...no blackmail, I love this child as my own, I took care of her from 6 months -4 yrs old.

My sister was a published writer, and she also has a book manuscript that hasn't been published. I am planning on getting it published..of course all proceeds going to her baby, who at only 12, plans on going to college.

I am writing about our experience during her illness, and death. She died of H1N1, I kept a journal, and some of the things she had written in her own journals, explain a lot of what I had written in mine.

My main concern is ,these are emails she saved because she was fighting for primary custody of her child. What is the law, if any concerning emails. There's nothing "incriminating" , mainly family issues, but if I chose to use portions of them, can he sue me, even though they were her's to keep...

Just trying to cover all my bases here. Thanks again!

No will, and while she was in the hospital, he signed over all legal decisions over to our parents, as far as her care and such.
So, you want to use some of the emails he wrote in the book that you would like to write regarding your experience during her illness and death? I would consult with an attorney specializing in that area of law.

I would also talk to a family law attorney about the ownership of the manuscript. That is potentially a major asset (I had imagined that you were talking about clothing, jewelry, family items, furniture etc), you may have problems with that.
 

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