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Entitlement of children

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smaihlee

Guest
Dad retired in early 90's with sizable pension/retirement accounts. He divorced mom and filed bankruptcy in '94. Divorce decree entitled my mom to 1/2 of everything. Dad died in '96 and had not remarried. My mother plans to attempt to claim her half the "frozen" retirement accounts next year (dad's 65th birthday in June '02), along with Social Security.

My brother stated he plans to re-open Dad's estate next year (after 7 years post-bankruptcy) in an effort to claim any of the "frozen" retirement/pension accounts that he and I may be entitled to. My question is, do we have any claim on the other half the accounts? If so, what would this be contingent upon?

I'm unsure of the verbage of his will, but even if he willed everything to his girlfriend--would that give her any rights to retirement funds? If we are not entitled to any of the funds, where does the other 1/2 of the money go?

BTW, we're in S.C.

Thanks in advance!:confused:
 


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Attorney_Replogle

Guest
Hopefully I understand your question -- but if not, let me know. With regard to the property (whether it is real estate, personal property, or a pension or whatever) that was left to your father post-divorce, let's assume he gave it all to his girlfriend. That property passing to the girlfriend upon his death is her property only. It is not your mother's, yours, or anyone else in the entire world. Hers alone for all time until she gives it away, sells it, has it stole, or loses it. With regard to the property that was left to your mother post-divorce, the same would apply. OK?
 

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