probate

[msjonvb]

What is the name of your state (only U.S. law)? illinios, my husband and i were in a car accident he died in the accident, he had a life insurance policy from his employer, his childs mother, sued for the money in probate court the judge ordered, the entire amount, i'm his wife and i was not awarded anything, How can the judge award back child support, furture child support and college tuition, the child receives social security wouldn't the be considered furture child support, i need to know if there is a way i can appeal the judges decision and get another attorney to represent me. i got this lawyer through a family friend when i was in the hospital recovering from the accident

[Dandy Don]

Unfortunately that debt is an obligation that his estate is liable for. Are you saying that this man has no other assets in his estate, not even a pension through his place of employment? Did his life insurancy policy name a beneficiary--who was the beneficiary named? If it had named a beneficiary it should not have gone to his estate. What was the payout value of the policy and how much in total back child support, etc. did she claim?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

[dmode101]

Court can award child support based on a marital settlement agreement or divorce decree. However, I'm not sure how you could have been awarded nothing. At the very minimum, you are/were entitled to a spouse's (aka widow's) award, which is a first-class claim against the estate (and should come before child support obligations). Spouse's award is minimum $10,000, but can be higher, based on nine months of support.