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Mesothelioma plus some

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mebaby333

Member
What is the name of your state (only U.S. law)? FL

So my Father died on March 3 of 07. He passed away due to the infamous Methothelioma ( sorry it is problem misspelled). He was exposed to asbetos while in the Navy aboard the USS RK Turner. There are several sides to this so I will ask one at a time.
His wife had changed the original insurance policy during the time period that he was incapable of signing anything due to stokes caused by medication and the simple fact that his cancer had spread to his brain and caused massive confusion. What can be done and is it worth it?
Second is... she has filed something with the military on the asbestos matter do the children have rights to be included in the findings? and if so how do I pursue it.
This is disheartening because she has attempted to take everything and been successful thus far... do the children have rights?
What is a wise plan of action for pursue the mesothelioma deal?
FYI he passed away without a known will. oh If he filed one while in the military how would I go about requesting it and would it be valid?
Thanks for your time.
 


Farfalla

Member
Sounds like probate was never opened. Is this right?

How long ago did he die?

We are currently dealing with my father-in-law’s estate in FL. So I’ll pass on a bit of what I’ve learned.

His wife had changed the original insurance policy during the time period that he was incapable of signing anything due to stokes caused by medication and the simple fact that his cancer had spread to his brain and caused massive confusion. What can be done and is it worth it?
How much was the insurance? The higher the value, more it’s ‘worth’ trying to prove that she changed it and not your father.

Second is... she has filed something with the military on the asbestos matter do the children have rights to be included in the findings? and if so how do I pursue it.
Any awards in a case like this go to his estate. So there is a good possibility that you and any other children have rights I this matter.

This is disheartening because she has attempted to take everything and been successful thus far... do the children have rights?
My take on what you are saying is that she has been successful because you (all the children) did nothing. That’s what happens….

Do you know for example how the deed for their house was held?

Go to this site and search for all court/legal documents under your father’s name and under his wife’s name. If you find a deed to their property (properties), let us know how their names are listed.
MyFloridaCounty.com

It appears that he died intestate (no will), so you do (or at least did) have a right to an inheritance. Here’s a site that lists the Florida intestate succession laws in laymen’s terms.

CCH Financial Planning Toolkit | Florida Intestate Succession Laws


What is a wise plan of action for pursue the mesothelioma deal?
Find out as much as you can.

FYI he passed away without a known will. oh If he filed one while in the military how would I go about requesting it and would it be valid?
Was your father retired at the time he died?

It makes no difference if he had a will from the military.. a will is a will and needs to be handled like any will.

Again I am assuming that probate was never opened. Why not get an attorney (in the county he died in) and as file as the personal representative of his estate? An intestate estate has a personal representative instead of an executor. As a personal rep. you can get a lot of things done… like checking about his case with the military.

What will most likely happen, if there actually is a will, his ex-wife will suddenly produce it. I doubt there is a will. Either way you will be able to get the insight you and your siblings are entitled to and you can settle his estate.

Bottom line is you need an attorney.
 

Dandy Don

Senior Member
Is his wife also your biological mother or is she an evil stepmom (I'll bet she is evil stepmom).

How did you all find out about the death? Normally someone from the Navy is supposed to visit you personally to inform you about it but if they didn't know where the children were they probably just notified the wife.

Wife may have committed fraud by changing the insurance policy beneficiary designations, but you will need to find out more information about this by contacting the office that handled it if you have not done so already. Call 1-800-342-9647 (Military Onesource) and ask for someone there to give you contact information for the Navy so you can check into this (they usually have a Navy advocate responsible for dealing with each family). If you had contacted them back in 2007 they could have withheld payment until they investigated further--now you will probably need to get an attorney to file charges against her if the insurance company has already paid her. What she did was illegal and she may have used a power of attorney to do it or may have not had power of attorney at all and could have forged her husband's signature. The Navy can also check to see if he had a will on file and if there are other survivor benefits you may be entitled to.

As far as the mesothelioma settlement, you may have rights to that settlement depending on how much it turns out to be. Check county court records online under your father's name or maybe even federal court records under his name to see exactly what court the lawsuit is going to be heard in. Then you can look at the records in the case file to see if you have been listed as potential beneficiaries and find out who the attorney is that is handling the case. Then if you are not listed, you can hire your own attorney to find out if you are entitled to a portion of the settlement and your attorney can make a motion to intervene on your behalf if you have legal standing so that you can collect when the check is issued. And don't forget to ask the Navy what information they might have about the mesothelioma case.

So sorry this is such a difficult situation to be facing when you are also grieving.

If the Navy tells you there is a will, please get it as you may need it to determine your share of the estate when the settlement comes in.

DANDY DON IN OKLAHOMA ([email protected])
 
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