We live in Texas and my husband pasted away in January of this year. He was only 41 and had 4 kids with his ex-wife. He orginally had a life insurance policy that left his ex-wife as beneficiary and in his divorce degree it stated that the life insurance policy was to be put in a trust for the kids as long as child support was payable.
We had custody of his son over the last year and 1/2 and he went on SSD last year and the child support was specified as current and arrearage would be zero'd out in part of the custody order when SSD went into effect.
Therefore, he changed the beneficiary to me last November and his ex-wife said she would contest the life insurance and she did. She called the day after he died and filed a claim and submitted the divorce degree along with it. I also filed a claim as he made me the beneficiary as his ex-wife was sending him letters and emails asking him to let her use the money to build a house for the kids. She said she would pay the kids back for house when they grew up. However, his children are 18, 16, 15 and 12. Plus I also sent in the modified order showing that child support was zero'd out as he when on SSD.
The money in now tied up and will probably have to go to a judge to decide who get's the money.
Does she have any rights to the money, as my husband battle cancer over the last year and we still have a lot of medical bills that are still outstanding.
Is there a chance that the judge would split the money and give half to her and half to me? Also, if she does get the money, will in be placed in the trust that was specified in the divorce degree or can it be placed in a trust she open, as she did that too after he died. She opened a trust for her kids with her name on it as trustee.
Thanks for any advice. I not worried about getting the money too much as her getting the money and not the kids. If the money goes into a trust, I don't believe she should control it.