Desperate Help Needed

[freemanbf]

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

My wife and I separated 8 years ago. She moved to Oregon at this time. Before our divorce was finalized, she developed cancer. Since she was on my insurance we needed to stay married so that she could be covered. When we separated I gave her 100% of our savings. I have paid her 50% of my salary for 8 years so that she could have a comfortable life. She bought a house, car etc etc. She also had custody of the children, however I have been heavily involved in their lives. She just passed away 2 days ago.

Upon her death, her mother contacted me and and said that she was made the executor of the will. Everything would be liquidated and the money would be set up in a trust fund for the children that she would be in charge of.

Does she have the right to do this under Oregon law? Doesn't surviving spouse receive everything that was acquired during the time of their marriage? One point that I need to make (if it makes a difference): our marriage license is from Guam. We lived in Japan and have a marriage license there. The insurance companies believe we are married. I had to show proof of my income for her to receive a mortgage. Everything points to the fact that we are LEGALLY married, however we didn't live together.

I am heading to Oregon today to deal with the funeral, and then will need to do battle with her mother after this. Any legal advice, and codes to back it would be extremely helpful.

Thank you,

Brian

 

[nextwife]

You are her spouse, you have the right to elect the spousal share of all assets that were not premarital. Additionally, as you will now have child custody, you may have a right to a claim on her estate toward her share of future Child support needs that you will need to meet. IN which state was the marriage, and the CS order? Sounds like most or all of these assets may have been acquired with marital funds.

 

[freemanbf]

Thank you for your reply nextwife.

We were originally married in Guam. We are also registered in Japan. We were living in Japan for many years (I still am). This is were we "separated." She was diagnosed with cancer there, and 4 years ago, the Japanese doctors siad there was nothing they could do for her. I moved her, and the children to Oregon where my sister resides so that she could help. There were no legal binding agreements regarding child custody or payments. I sent her what I though was necessary in order to help her and the kids in the states. I went and visited them during my summers (I am a teacher working for an international school). She remains on my U.S. insurance policy (paid for by my employer) listed as my spouse.

That's where it stands.

Thanks again for the advice.