What is the name of your state (only U.S. law)? FL
My FIL was involved in a bigamous marriage at the time of his death. My husband (son) is taking it to probate and will be the executor.
There are insurance policies that require that either the wife be the beneficiary or that the wife sign off her rights. My MIL had not signed off her rights. FIL listed his non-wife as his wife and at this point she stands to get the proceeds from the insurances. Do any of you think my MIL has a chance in fighting for her rights to this insurance?
Also the non-wife has applied for his military retirement and for his Social Security benefits. What might we expect with these? Legally my MIL should be entitled to these... they have been married 53 years.
By the way, don't feel too sorry for the non-wife. She entered into this arrangement with her eyes wide open. She and he just thought that they could deny my MIL a divorce settlement and not pay child support, etc, by running and hiding and pretending to be married. From what I understand they have a marriage cert from another country. She even assumed the name and birth day/month of his eldest daughter to facilitate getting military benefits, etc.
She is most likely here in the USA illegally due to the using a false name and a non-marraige as part of the immigration considerations.
Also .... my husband realizes that the non-wife does have some rights... such as to property where she is listed as joint tenant...
Here's a link to my first thread on the probate of my FIL's estate
https://forum.freeadvice.com/showthread.php?t=416906
My FIL was involved in a bigamous marriage at the time of his death. My husband (son) is taking it to probate and will be the executor.
There are insurance policies that require that either the wife be the beneficiary or that the wife sign off her rights. My MIL had not signed off her rights. FIL listed his non-wife as his wife and at this point she stands to get the proceeds from the insurances. Do any of you think my MIL has a chance in fighting for her rights to this insurance?
Also the non-wife has applied for his military retirement and for his Social Security benefits. What might we expect with these? Legally my MIL should be entitled to these... they have been married 53 years.
By the way, don't feel too sorry for the non-wife. She entered into this arrangement with her eyes wide open. She and he just thought that they could deny my MIL a divorce settlement and not pay child support, etc, by running and hiding and pretending to be married. From what I understand they have a marriage cert from another country. She even assumed the name and birth day/month of his eldest daughter to facilitate getting military benefits, etc.
She is most likely here in the USA illegally due to the using a false name and a non-marraige as part of the immigration considerations.
Also .... my husband realizes that the non-wife does have some rights... such as to property where she is listed as joint tenant...
Here's a link to my first thread on the probate of my FIL's estate
https://forum.freeadvice.com/showthread.php?t=416906