pillis1978
Junior Member
What is the name of your state? I live in NC, but my mother lived/died in NY.
My mother was killed in an automobile accident while on the job and driving a New York State vehicle. The other motorist was found to be at fault...she crossed the yellow line causing a head-on crash. At the time of her death, my mom had no current will (she had previously made a will before getting re-married).
I am the oldest child and have two younger siblings. All of us are over 18 though. She was married to her current husband for about 2 years. It has become clear that he is untrustworthy and not thinking of what my mom's wishes would have been. He was named Administrator. He received the state death benefit of 3 times her annual salary. He used this money to pay off debts of my mother's as well as his own personal debts.
He also received an accidental death benefit from her union, and most recently agreed to a settlement with the insurance company. He has made it clear that he feels all the money is his and he will do as he sees fit. He has no intention of giving her three children any of the money.
My question is do us three kids have any legal standing to try to go after any of the money that he has received and refuses to share with us? The lump sum death benefit he received because my mom had made him the beneficiary of her pension when they got married, so I'm assuming that money is out the question and most of it went to pay debts anyway. But particularly the insurance settlement...are surviiving adult children entitled to anything? There will also be a worker's compensation benefit at some point in the near future. He says this benefit will be a maximum of $400 a week payable to him and once again nothing for any of us.
If anyone has any knowledge or information or advice that could help me out I would greatly appreciate it.
My mother was killed in an automobile accident while on the job and driving a New York State vehicle. The other motorist was found to be at fault...she crossed the yellow line causing a head-on crash. At the time of her death, my mom had no current will (she had previously made a will before getting re-married).
I am the oldest child and have two younger siblings. All of us are over 18 though. She was married to her current husband for about 2 years. It has become clear that he is untrustworthy and not thinking of what my mom's wishes would have been. He was named Administrator. He received the state death benefit of 3 times her annual salary. He used this money to pay off debts of my mother's as well as his own personal debts.
He also received an accidental death benefit from her union, and most recently agreed to a settlement with the insurance company. He has made it clear that he feels all the money is his and he will do as he sees fit. He has no intention of giving her three children any of the money.
My question is do us three kids have any legal standing to try to go after any of the money that he has received and refuses to share with us? The lump sum death benefit he received because my mom had made him the beneficiary of her pension when they got married, so I'm assuming that money is out the question and most of it went to pay debts anyway. But particularly the insurance settlement...are surviiving adult children entitled to anything? There will also be a worker's compensation benefit at some point in the near future. He says this benefit will be a maximum of $400 a week payable to him and once again nothing for any of us.
If anyone has any knowledge or information or advice that could help me out I would greatly appreciate it.
