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Old 06-25-2000, 03:24 PM
trecetdj13
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Unhappy

thanks for the reply. i DID FILE dicorce papers he was obligated to pay child support, I never saw a will never signed any of his papers all of the legalties was done by his executor his sister. So if i did file for a divorce doestn that make us seperated? He had nothing to will, and they didnt offer to let me see the will. Why should I be liable for his bills, i thought thats what the executor was for. help

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trece jarrett
  #2  
Old 06-25-2000, 05:44 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by trecetdj13:
[b]thanks for the reply. i DID FILE dicorce papers he was obligated to pay child support, I never saw a will never signed any of his papers all of the legalties was done by his executor his sister. So if i did file for a divorce doestn that make us seperated? He had nothing to will, and they didnt offer to let me see the will. Why should I be liable for his bills, i thought thats what the executor was for. help

[/b]<HR></BLOCKQUOTE>

My response:

You said you "filed for a divorce" but apparently was not completed due to some unexplained problem occurring with your attorney - - I presume it was due to your lack of funds, and your attorney refused to continue without being paid. Therefore, since you never received a "final decree of divorce," you were still married. Further, all because you lived apart from your husband, doesn't mean you were legally "separated" from him. Therefore, as his wife, you are still obligated for the debts incurred during the marriage.

This is the problem of not getting a divorce, or legal separation, finalized.

Next, if "he had nothing to Will," why then was there a Will? As next of kin, you are entitled to see the Will, if such exists. I would like an answer.

You had better see an attorney; if for nothing else, to write a letter demanding to see the Will, to find out what is contained in that Will, providing a Probate proceeding has not been filed. If a Probate proceeding has been filed, then a copy of the Will should be in the court file, available for review by anyone wanting to see the court file.

IAAL

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