Hearing on who receives benefits

[tiredwifeinMO]

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

My husband had a workers comp case pending. He went to the trial at the end of aug. At that time the judge gave both sides till the 28th of Sept to submit their "offers". My husband was to submit the minimum he would accept and the ic submit the max they would pay. On September 14th my husband was murdered. His family questioned the validity of our marriage so I have been basically dismissed by his attorneys. I emotionally couldn't handle dealing with any of it. I walked away and never contacted them again. I received a letter from them informing me there is a hearing to decide who will receive my husband's benefits that*were*due him at the time of his death. I don't know why they would send this to me unless they know the marriage is valid. He is my husband. I am the surviving spouse and have proof. Should I get my own attorney or do they work for me? I have no clue what has taken place since his trial in aug. I don't know what he was awarded. I don't know anything. If I call the court will they tell me? There are no minor children or dependents. Will I be awarded his benefits due him or will it be put into probate even if I have proof of the validity of our marriage? I know I just need to call the lawyers. After what they have put me through I really don't want to speak with them.

 

[Proserpina]

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

My husband had a workers comp case pending. He went to the trial at the end of aug. At that time the judge gave both sides till the 28th of Sept to submit their "offers". My husband was to submit the minimum he would accept and the ic submit the max they would pay. On September 14th my husband was murdered. His family questioned the validity of our marriage so I have been basically dismissed by his attorneys. I emotionally couldn't handle dealing with any of it. I walked away and never contacted them again. I received a letter from them informing me there is a hearing to decide who will receive my husband's benefits that*were*due him at the time of his death. I don't know why they would send this to me unless they know the marriage is valid. He is my husband. I am the surviving spouse and have proof. Should I get my own attorney or do they work for me? I have no clue what has taken place since his trial in aug. I don't know what he was awarded. I don't know anything. If I call the court will they tell me? There are no minor children or dependents. Will I be awarded his benefits due him or will it be put into probate even if I have proof of the validity of our marriage? I know I just need to call the lawyers. After what they have put me through I really don't want to speak with them.

I'm very, very sorry for your loss.

Please understand that it doesn't matter one bit if his family question your marriage.

Talk to the attorneys who were representing him. I can understand that because they were technically working for your husband, they don't actually work for you - but it's time to at least open up some sort of communication. If you'd rather not (and that's understandable), by all means have a sit down with another attorney or two and see what they say.

Personally, I cannot imagine why you shouldn't receive the benefits if the benefits must actually go to someone. You're legally his next of kin and proving that your marriage was not valid is a massive burden. You do not have to prove that your marriage was on the up and up - they have to prove that it wasn't.

Unfortunately I've been in your shoes. Please look into online support groups if you need to talk to someone who gets it at 3am in the morning (there are a lot of us out there!). You'll get used to your "new normal" eventually.


I wish you the best of luck.