Life Insurance and 401K

[DiAnnCort]

What is the name of your state? Pennsylvania
My husband & I were married for 19 years. When I divorced him in 1990 he moved in with another woman who had never been married & never had children. My husband alienated himself from his son & daughter during this time. This woman and my ex broke up in 1997. He moved out and met another woman whom he was with for approx 3 years. During this time he started to once again communicate with our children and became very close to them again. Even starting coming to grandchildrens birthday parties. He & I were cordial. I was extremely happy that he was once again close with his children. My son even lived with him for a short time. He and the second lady split up and he was by himself for approx a year and met yet another woman. My ex husband, the new lady and my children were all close.
In August 2003, my ex passed away suddenly through the night of a hear attack (he was only 53). My children immediately started to make plans for his funeral and in doing so went to his place of employment (US Postal). He was postmaster. They were devastated to learn that my ex husband had put this 1st lady on as beneficiary of his life insurance and 401K (approx $200,000) immediately upon moving in with her.
My children inherited his debt of a house/car/credit cards and funeral bill but no money. I am sure him being 53, he just never got around to changing the beneficiaries on these. My question.. Is there anything they can do at this time?? I know that a husband or wife is null and void at the time of a divorce with insurance beneficiary but wouldn't the same apply for an ex girlfriend is they have not had the same address for 5 or 6 years. My heart aches for our children who are left with a lot of debt and the disappointment of being disinherited. I truly do not think that was my husband's intention. Any thoughts?? Is there anything they can do??
Thank you
Diane

 

[Dandy Don]

My sympathies for such a horrible situation. It's unconscionable that a father would not even care enough about his own children to leave them something that would financially benefit.

I fear that you are either naive or are being taken advantage of--the children are NOT RESPONSIBLE for, as you say "inheriting his debt and funeral bill"--although I'm sure this is what the widow wants you to believe. All of those debts are the responsibility of the executor of his estate to pay for--but let me guess--this man did not leave a will, either, did he? What kind of widow would not even want to pay her husband's funeral bill even after SHE GOT ALL OF HIS MONEY???

If he left a will, then you can mail the bills to the executor (get the address from the county courthouse probate court). If this man owes you back child support that was unpaid, then file a claim against his estate for that too (get a letter verifying the amount owed from the agency that originally awarded you the child support).

Call the post office and find out the name of the company that is holding his 401K money to find out their policy on whether children would be able or not to get a share of this money. Unless there are other assets in the estate besides the 401K money, then it doesn't look like the children will be receiving much of anything.

 

[DiAnnCort]

My sympathies for such a horrible situation. It's unconscionable that a father would not even care enough about his own children to leave them something that would financially benefit.

I fear that you are either naive or are being taken advantage of--the children are NOT RESPONSIBLE for, as you say "inheriting his debt and funeral bill"--although I'm sure this is what the widow wants you to believe. All of those debts are the responsibility of the executor of his estate to pay for--but let me guess--this man did not leave a will, either, did he? What kind of widow would not even want to pay her husband's funeral bill even after SHE GOT ALL OF HIS MONEY???

If he left a will, then you can mail the bills to the executor (get the address from the county courthouse probate court). If this man owes you back child support that was unpaid, then file a claim against his estate for that too (get a letter verifying the amount owed from the agency that originally awarded you the child support).

Call the post office and find out the name of the company that is holding his 401K money to find out their policy on whether children would be able or not to get a share of this money. Unless there are other assets in the estate besides the 401K money, then it doesn't look like the children will be receiving much of anything.