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  #1  
Old 07-27-2009, 10:18 AM
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Estranged husband dead

What is the name of your state (only U.S. law)? Texas : I just found out my estranged husband has died and am wondering if I have any legal rights to his retirement or anything. I supported him while we were together.
  #2  
Old 07-27-2009, 10:21 AM
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Quote:
Originally Posted by silkkitty2u View Post
What is the name of your state (only U.S. law)? Texas : I just found out my estranged husband has died and am wondering if I have any legal rights to his retirement or anything. I supported him while we were together.
How long were you estranged? Did he leave a will? Did he have children?
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  #3  
Old 07-27-2009, 10:23 AM
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Quote:
Originally Posted by silkkitty2u View Post
What is the name of your state (only U.S. law)? Texas : I just found out my estranged husband has died and am wondering if I have any legal rights to his retirement or anything. I supported him while we were together.
Were you legally separated? How long were you separated? When did he die? You have rights of a spouse.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #4  
Old 07-27-2009, 10:35 AM
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curious

We were estranged for the past 8 years. There were no children. I found out from his brother that he was seeing a woman who was pregnant by another man and he gave the baby his last name. The child isn't biologically his. He did not have any biological children. I don't know about a will...I doubt it. He was a captain for a corrections facility. We spoke on occasion or sent a few emails. We never legally seperated or started any type of legal paperwork.
  #5  
Old 07-27-2009, 11:06 AM
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Originally Posted by silkkitty2u View Post
We were estranged for the past 8 years. There were no children. I found out from his brother that he was seeing a woman who was pregnant by another man and he gave the baby his last name. The child isn't biologically his. He did not have any biological children. I don't know about a will...I doubt it. He was a captain for a corrections facility. We spoke on occasion or sent a few emails. We never legally seperated or started any type of legal paperwork.
Do you really think you deserve ANYTHING/ Seriously. Why would you want anything from him other than revenge? If the child has his last name because he signed the AOP then legally he was the child's father. Biology is not necessarily the determining factor. Why would you want to make a claim against HIS property? You have survived for 8 years without him. Just walk away. Do the morally correct thing. Legally you are entitled to something as a spouse and could take an intestate share against the estate as it goes through probate but it would be more noble if you just didn't.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #6  
Old 07-27-2009, 11:10 AM
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Two words:

Jackpot mentality.
  #7  
Old 07-27-2009, 11:17 AM
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hmmm

Your right that I survived the past 8 years without him. The only reason I am interested now is because he CLEANED me out when we split up. We had a joint account and when he left he emptied it. I had 2 children to support and he left us without a penny until I got paid again. So I guess yeah, I want something back.
  #8  
Old 07-27-2009, 12:22 PM
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Quote:
Originally Posted by silkkitty2u View Post
Your right that I survived the past 8 years without him. The only reason I am interested now is because he CLEANED me out when we split up. We had a joint account and when he left he emptied it. I had 2 children to support and he left us without a penny until I got paid again. So I guess yeah, I want something back.
Were they HIS children? According you he had no biological children. Seriously though -- get over it. Or be vengeful. Your choice.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #9  
Old 07-27-2009, 12:31 PM
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OG... really busy today but do a little research for me if you have time.

I seem to remember a case similar to this where the "estranged wife" came back after some years and the probate court gave her nothing because they were effectively divorced, but for the paperwork. She hadn't relied on him for support, hadn't spoken and in fact, didn't even know he was dead until she heard it through the grapevine...
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CourtClerk is right.
  #10  
Old 07-27-2009, 01:21 PM
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Quote:
Originally Posted by CourtClerk View Post
OG... really busy today but do a little research for me if you have time.

I seem to remember a case similar to this where the "estranged wife" came back after some years and the probate court gave her nothing because they were effectively divorced, but for the paperwork. She hadn't relied on him for support, hadn't spoken and in fact, didn't even know he was dead until she heard it through the grapevine...
I will try -- busy juggling phone calls and writing motions while popping in here. What state's probate court? If you say you don't know, I am done.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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