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will, spouses, beneficiarys, probates

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witsend in WA

Guest
This is a complex issue and comes from WA. State. My husband and his previous wife had 8 children between them. four were his and four were hers. she passed away, and five months later, before having her name removed from any of their joint documents, accounts, assets, etc....., he married me, and acquired another step son (mine, who is a minor child with special needs). Two months later, he passed away. with my name never being put on anything. There was a joint will for him and his deceased wife, which was not updated after her death, and it stated that everything would go to the surviving spouse, and in the event that both should die, there was instructions that mentioned all eight children. His debts were such that his estate would have to be sold to pay them off, which would leave the children and myself with nothing. His total estate consists of two vehicles (approx. value $3,500) and a mobile home on property. (which has an outstanding mortgage of 42,000). His debts consist of the mortgage and credit card balances amounting to approx. 35,000. All 8 children agreed to sign off their rights to the will, wanting me to contest and try for an award in lieu of homestead with the courts. my question is....how complicated or difficult is this going to be when I am not mentioned in the will, nor is my name on any legal documents other than our wedding certificate, my Social Security card, and drivers license. I am living in the home and making the mortgage payments, although my name is not on the mortgage contract. the will has been filed but nothing has been put into probate as of yet. His retirement pension ended with his death. Social Security was denied because we weren't married the minimum one year required to receive widows benefits....There was no life insurance policy. There is one small savings bond account in his and his previous wife's name, valued at less than $500. As his surviving wife, am I entitled to that savings bond? or does it need to be included in his estate? what recourse can the credit card companies take to get their money? I'm not sure just what rights I do have...can you help? There is no money for a specialized lawyer in probate matters. Is there any legal help based on my financial status that I can turn to??:confused:
 


ALawyer

Senior Member
This is a sad story, and my condolences.

Under most states' laws, on remarriage all prior wills and beneficiary designations naming the prior spouse become void or voidable.

You likely are entitled to a widow's share before anyone else inherits.

I'd see a general practice lawyer and hope it won't cost a great deal. Or try a legal plan.
 
A

advisor10

Guest
3-21-2002

What a shame that your husband didn't get life insurance. Unfortunately, you will not be able to claim the savings bond--at his death, ownership automatically transfers to the second party named on the bond (the deceased wife) and only the executor to her estate can turn the bond in and get the check for that.

SINCERELY,

advisor
 

i8maliki

Junior Member
Since you were married to him you cannot be forced to sell the house. it's called rights of survivorship!
even though you were not on the deed. so until you die or decide to move out nobody gets a penny
 

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