What is the name of your state (only U.S. law)? Illinois
My ex passed away in april and we have a 15 year old son together. ex had just settled with workers comp a month or so before he died, and he does have a surviving spouse(they were married a year). Workers comp is saying that the entire benefit amount will go to the surviving spouse only and nothing at all to his minor son. We went to "court" once and the judge for WC approved a motion to continue on my(my sons)behalf, so i could try to get legal rep for this. Now i know that there is some kind of law that states if a person dies without a will, then it should go into probate and then be divided between surviving dependants...which includes my son.(my son is the only child of my ex) How can WC law take presedence over the state and federal law???? Is there anything I can do? are there any cases involving anything like this? I really need some help. There was also no beneficiary on his life insurance policy, so my son did not receive a penny of that either. How can this be fair? Any answers at all will be greatly appreciated. Thank you
My ex passed away in april and we have a 15 year old son together. ex had just settled with workers comp a month or so before he died, and he does have a surviving spouse(they were married a year). Workers comp is saying that the entire benefit amount will go to the surviving spouse only and nothing at all to his minor son. We went to "court" once and the judge for WC approved a motion to continue on my(my sons)behalf, so i could try to get legal rep for this. Now i know that there is some kind of law that states if a person dies without a will, then it should go into probate and then be divided between surviving dependants...which includes my son.(my son is the only child of my ex) How can WC law take presedence over the state and federal law???? Is there anything I can do? are there any cases involving anything like this? I really need some help. There was also no beneficiary on his life insurance policy, so my son did not receive a penny of that either. How can this be fair? Any answers at all will be greatly appreciated. Thank you