Help !

[Gracie3787]

What is the name of your state?What is the name of your state? Florida. My husband's 3 kids are adults, he is under court order to pay arrears. On Monday my husband had a massive heart attack (thank God he survived). He is doing better, but it has caused me to wonder about something:
If my husband dies before arrears are paid in full, can CS enforcement, his ex, or the court force me to pay ?
Can they take any life insurance benefits? (right now there isn't any, but may be later)
Can they take my 35 year old mobile home from me? (I paid for it before I met my husband)
Can they make me make payments out of any social security widows benefits?
Will it make any difference that all arrears were accrued before I met my husband?
Any help would be appreciated, I am scared, and if there is anything I can do to protect my own future, I need to do it now.

 

[tigger22472]

What is the name of your state?What is the name of your state? Florida. My husband's 3 kids are adults, he is under court order to pay arrears. On Monday my husband had a massive heart attack (thank God he survived). He is doing better, but it has caused me to wonder about something:

Sorry to hear the problems but glad he's getting better.


If my husband dies before arrears are paid in full, can CS enforcement, his ex, or the court force me to pay ?

They can't force YOU to pay them... however read on

Can they take any life insurance benefits? (right now there isn't any, but may be later)

I do believe that if there were any benefits as in life insurance money it would go into the estate and the estate can be held liable to pay the arrearage

Can they take my 35 year old mobile home from me? (I paid for it before I met my husband)

Is your husband's name on the title and deed? If so possibly


Can they make me make payments out of any social security widows benefits?
Will it make any difference that all arrears were accrued before I met my husband?

This I'm not completely sure of. Hopefully either someone can tell you or else check the SS website.

Any help would be appreciated, I am scared, and if there is anything I can do to protect my own future, I need to do it now.

I would agree with you on protecting yourself.

 

[nextwife]

What is the name of your state?What is the name of your state? Florida. My husband's 3 kids are adults, he is under court order to pay arrears. On Monday my husband had a massive heart attack (thank God he survived). He is doing better, but it has caused me to wonder about something:

Glad he's doing better.

If my husband dies before arrears are paid in full, can CS enforcement, his ex, or the court force me to pay ?

No. However, the arrearage is a debt against the assets of the estate.

Can they take any life insurance benefits? (right now there isn't any, but may be later)

Life insurance passes outside of probate. If you are later able to obtain life insurance, perhaps YOU should buy it and pay the premiums? My husbands ex has a policy against him from the divorce, and she'd get the benefits of THAT policy, but I get the benefits of the policies I bought and pay for. They will not be part of his estate.

Can they take my 35 year old mobile home from me? (I paid for it before I met my husband)

His portion of ownership, if any, may be part of his estate. His estate would owe the arrearage. However, if you alone own it, it would not be. If you own it with him as Jt. Tenant with Right of Survisaorship, it does not become part of his estate and passes directly to you as surviving Jt. Tenant

If he is a part owner, look into having him grant you a Life Estate. That way, while his interest may pass, it would pass subject to your right to live there the rest of your life. You paid for it, after all.

Anyway, consider discussing ownership changes with an estate planning attorney.

Can they make me make payments out of any social security widows benefits?

I 'm not sure, I don't believe so. You can contact SS or check their website.

Will it make any difference that all arrears were accrued before I met my husband?

See above.

Any help would be appreciated, I am scared, and if there is anything I can do to protect my own future, I need to do it now.

 

[VeronicaGia]

Just make sure all life insurance policies, bank accounts, 401K accounts, etc., name you as the beneficiary. Nothing goes into the estate that way.

 

[LdiJ]

What is the name of your state?What is the name of your state? Florida. My husband's 3 kids are adults, he is under court order to pay arrears. On Monday my husband had a massive heart attack (thank God he survived). He is doing better, but it has caused me to wonder about something:
If my husband dies before arrears are paid in full, can CS enforcement, his ex, or the court force me to pay ?
Can they take any life insurance benefits? (right now there isn't any, but may be later)
Can they take my 35 year old mobile home from me? (I paid for it before I met my husband)
Can they make me make payments out of any social security widows benefits?
Will it make any difference that all arrears were accrued before I met my husband?
Any help would be appreciated, I am scared, and if there is anything I can do to protect my own future, I need to do it now.

His estate will be liable for his debts (such as child support) however anything that passes outside of the estate (life insurance, houses in joint tenancy, joint bank accounts, cars owned jointly, etc.) will not be part of his estate and will not be subject to seizure for the arrearages.

 

[Gracie3787]

Thanks for replies

Thank you for your replies, they have helped alot. My husband and I are going to re-do our wills, etc. When we do get insurance again we will make sure that I am protected. My mobile home has always been in my name only so apparently that will not be a problem.(it may be a moot point anyway- we live in south central Florida, and apparently we are going to have a visit from Hurricane Charley tomorrow). If Charley destroys my mobile, his ex is welcome to take it, LOL .I do know one thing, this last week has taught me alot about not worrying about the small stuff, so I will take one day at a time, but you all have helped alot- thanx again.