<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by UpTheCreek:
My ex hadn't yet paid off his share of the marital debts when he died recently. Other than life insurance, he had virtually no assets (having lost everything to a gambling addiction). His new wife (now widow) is the beneficiary of his life insurance, but she told me that she will not use any of that money to pay his debts from his prior marriage to me.
I thought that life insurance was counted towards a person's estate and would be used to pay debts. If the widow is right, and she doesn't have to "use her money" to pay her husband's debts, will the creditors come after me to pay off these debts? Am I screwed?<HR></BLOCKQUOTE>
My response:
The money from the insurance comprises his Estate. It makes no difference to whom he was married to at the time of his death. All that matters is that he had debts. You can see an attorney to start a Probate action, sue his Widow and become a creditor of the Estate. In other words, even though he's dead, the debts do not die along with him, and his Estate must pick up where he (ahem) left off. You better do this quickly before she spends everything.
IAAL
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