How to Collect Money Owed Under a Divorce Judgment if Your Ex- Passes Away

[yukiki12]

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

My great-aunt has already signed and filed the divorce paper of last year in October. Her ex-husband was suppose to give her the money that was agreed on the divorce paper and she waited for months to received the money. Not until back in February of this year, she received a phone call from her car insurance company stated that her ex-husband has passed away from a car accident. Because my great aunt does not have the money to pay a lawyer to help her fight this case and received the money that she was suppose to get. What can she do? According to her marital settlement, there was no property settlement on the amount of money her ex-husband was suppose to give to her thru installments.
My great-aunt cannot speak English that well, I am her great granddaughter, and my mom is her niece. We are the only relative she has in the USA. I am trying to help her because she does not have any kids.

 

[FlyingRon]

Does she have a divorce decree from a court in Florida? Signing and filing doesn't mean much. The court order is what is important.

 

[yukiki12]

Yes, she does have the final judgment of dissolution of marriage.

 

[latigo]

Yes, she does have the final judgment of dissolution of marriage.

(I will try to make this as simple and clear as I can, but the legal issues here are unavoidably complicated. Then it may be more than you care to know. But whatever. )

First I am assuming that you are aware that any money that was due your elderly relative from her former husband will have to be presented as a creditor's claim in his estate. Also, that realizing any benefit from presenting such a claim will depend on the degree of solvency of his estate. Before discussing probate issues let's find out what it is that she is supposedly entitled to.

You say that a final judgment was issued dissolving the marriage. If you have read and understand that judgment, or can and will do so, tell us what it has to say about "the money she was supposed to get"?

Does the judgment expressly order the ex-husband to pay her a specified sum as her distributive share of marital property? In other words, as a segment of a court decreed marital property division, or an approved and incorporated property settlement agreement.

OR is he ordered to pay to her a periodic or monthly sum as alimony? And if alimony, what form of alimony? "Bridge-the-gap alimony", "rehabilitative alimony", "durational alimony" or "permanent alimony"? (The distinction being that in case of the latter two - durational or permanent - the obligation would have ended with his death. See: Florida Statutes Section 6.08 subsections (7) and (8) (Then of course it could be both property division and alimony.)

Also, if the money due her under the decree represents her distributive share of marital property, the entire unpaid amount so awarded would be an obligation of the ex husband's estate. Even if to be made in periodic or deferred payments.

It needs to be mentioned that a creditor of a decedent's estate has the right to initiate the probate of the debtor's estate in order to have their claim presented approved and paid.

 

[Just Blue]

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







My great-aunt cannot speak English that well, I am her great granddaughter, and my mom is her niece. We are the only relative she has in the USA. I am trying to help her because she does not have any kids.

Okay. Can you please explain the ^ post. How can your mother be her niece and you her great granddaughter. Love to know the dynamics of your family....

 

[yukiki12]

She's my grandpa's sister so makes my mom her niece.

 

[yukiki12]

So the husband is order to pay her by installment in exchange for wife's relinquishment of her rights in all joint assets with husband.

 

[not2cleverRed]

Was he also ordered to carry a life insurance policy with her as a beneficiary? If so, that should cover the amount she would otherwise get in alimony. (That's the intention of such requirements.)

Of course, if he was ordered to carry a life insurance policy, but did not, then that's another kettle of fish. See latigo.

 

[Genord92]

Maybe try to find some local lawyer to solve ur problem?

 

[Dandy Don]

If you know what city in Florida he died in, you will need to find out what county this city is in, and then look up online the county clerk or county court/probate records for that county to see if anyone has opened up an estate for the ex-husband. Let's hope that he had enough assets that someone in his family has already begun to try to sort out his estate.