CobraZorro
Junior Member
ex spouse/will/life insur benef./joint accounts
I have tried repetedly to talk in the Live Chat forum but have had continued difficulties staying connected so I am going to run this by those of you here.
My ex husband (divorced now 6 months after 16 yr marriage) passed away last month and there are some disputes in his will. I do not have a copy of the will and do not know the specifics in it. I live in North Carolina and he lived in Texas.
1) One of the problems is over me still listed as the beneficiary of his term life insurance ($300,000.00). It is my understanding that in the state of Texas (place of his death) it was neccasary for him to REdeclare me as beneficiary AFTER the divorce if it was his intent to have it that way. He did not do this. It is my understanding that he has designated the money from that insurance policy to be distributed differently in his will. So it is my understanding that it now becomes probatable as part of his estate. Is this correct?
2) Another issue is about a joint checking and savings account that he had with me. I know that legally I have aright to any money that was in it because I am a joint holder and also listed as the beneficiary in the event of his death. The problem here is that his sister as the appointed estate executor went to the bank trying to get funds from his account PRIOR to the will probate and informed the bank of his death. THE BANK then closed the checking account and transfered the monies from it to our joint savings account. After which they notified me per protocal of my ability to remove his name and designate my own beneficiaries. My husbands last paycheck (est.$40+,000.00 vacation & berevement pay etc) that was normally automatically deposited by his place of employment was returned because this account had been closed. The company then determined that they should give this check to his appointed will executor. Should I not have had a legal right to this money? Is there anyway that I can request it from his estate if it is not specifically noted in his will for a particular intent?
3) I was told by his lawyer that I was left his house (our previous shared home, and the present home of our
son now 17 and son now 20) and that my alimony (with a balance of about $16,000. still owed me) was now ended as per the decree. I know that the house loan still had both our names on it and that it did not have the type of insurance on it that would pay it off in the event of his death. From what I understand from the executor, he wanted the home paid off with part of his life insurance policy money. IF his estate for some reason doesn't or isn't able to pay it off, would that help me in my case of requesting the above mentioned bank deposit that was misdirected to his estate? ALSO, does the executor have a right to the house keys at anytime? The will has not gone through probate as of yet as far as I know. The family, does not communicate with me.
Any help would be greatly appreciated.
Thanks,
CobraZorro
[Edited by CobraZorro on 01-11-2001 at 11:03 AM]
I have tried repetedly to talk in the Live Chat forum but have had continued difficulties staying connected so I am going to run this by those of you here.
My ex husband (divorced now 6 months after 16 yr marriage) passed away last month and there are some disputes in his will. I do not have a copy of the will and do not know the specifics in it. I live in North Carolina and he lived in Texas.
1) One of the problems is over me still listed as the beneficiary of his term life insurance ($300,000.00). It is my understanding that in the state of Texas (place of his death) it was neccasary for him to REdeclare me as beneficiary AFTER the divorce if it was his intent to have it that way. He did not do this. It is my understanding that he has designated the money from that insurance policy to be distributed differently in his will. So it is my understanding that it now becomes probatable as part of his estate. Is this correct?
2) Another issue is about a joint checking and savings account that he had with me. I know that legally I have aright to any money that was in it because I am a joint holder and also listed as the beneficiary in the event of his death. The problem here is that his sister as the appointed estate executor went to the bank trying to get funds from his account PRIOR to the will probate and informed the bank of his death. THE BANK then closed the checking account and transfered the monies from it to our joint savings account. After which they notified me per protocal of my ability to remove his name and designate my own beneficiaries. My husbands last paycheck (est.$40+,000.00 vacation & berevement pay etc) that was normally automatically deposited by his place of employment was returned because this account had been closed. The company then determined that they should give this check to his appointed will executor. Should I not have had a legal right to this money? Is there anyway that I can request it from his estate if it is not specifically noted in his will for a particular intent?
3) I was told by his lawyer that I was left his house (our previous shared home, and the present home of our
son now 17 and son now 20) and that my alimony (with a balance of about $16,000. still owed me) was now ended as per the decree. I know that the house loan still had both our names on it and that it did not have the type of insurance on it that would pay it off in the event of his death. From what I understand from the executor, he wanted the home paid off with part of his life insurance policy money. IF his estate for some reason doesn't or isn't able to pay it off, would that help me in my case of requesting the above mentioned bank deposit that was misdirected to his estate? ALSO, does the executor have a right to the house keys at anytime? The will has not gone through probate as of yet as far as I know. The family, does not communicate with me.
Any help would be greatly appreciated.
Thanks,
CobraZorro
[Edited by CobraZorro on 01-11-2001 at 11:03 AM]