Non-asset funds

[barbjkus]

Ex died and to make a long story short left the retirement funds and life insurance funds to his sister.I am not surprised about me as I had been chasing him all over the U.S. just to get support. But my question is, is the re anything I can do at this point? I have never heard of sisters getting retirement benefits. And it's a six figure one too, so I am kind of depressed as I am in a fixed income.

 

[Zigner]

Why do you feel you are entitled to any of your ex-husband's retirement funds? Was the matter addressed in your divorce?

 

[adjusterjack]

A divorced person can leave his assets to anybody he wants to leave them to. If there were no provisions in your divorce decree then you have no claim for anything.

Except that if you are on Social Security retirement you might be able to get your monthly benefits increased to what his was if his was higher than yours.

See:

https://www.ssa.gov/planners/retire/divspouse.html

 

[HRZ]

If you were chasing him for unpaid support or property division per an order...chase the executor/estate, via a timely claim for the sums due

 

[Dandy Don]

What state did he die in?

Have you checked at the county courthouse probate court to see if anyone has filed to open up an estate for him if he left a will to distribute any other assets he may have had besides the assets you mentioned (which already had specific beneficiaries)?

Do you have children with this man?

 

[barbjkus]

I was married to the man, l had a child by the man, I also had a quldro with the man which in lI he can't be made to sign. And he didn't , so the judge told him to keep me informed of every move or change of employment and when he got ready to retire we were suppose to triangulate it. I was married to this man for 16 years and was receiving permanent maintenance, so I don't think I deserve the money grubber thing. He took off to parts unknown, first saying he hurt his back so bad he couldn't drive a truck. But he shipped his Harley off to Hawaii first, then to New York, Mississippi, until they settled that claim with him, then he was off the radar again, his friends at child support said. He used to work there so they were useless. The last I heard he was back here, he had already been dead for a week before anyone found him and that's really sad. I haven't received a maintenance since 2014 and very sporadically then. So yes I think I have some kind of claim to that money.

 

[HRZ]

I get it ...but you need to be sure your claim gets to his executor on timely basis or perhaps as a creditor you seek administration of his estate...if there are enough $$ likely to make it worthwhile .

 

[barbjkus]

But, I know realistically I am out of luck. He answers to a higher power than me now and so will his sisters. I just thought I might have a tortuous interference with an expectancy, but I don't know if I should file it with probate and I know there's a lot more fees than the 60 I paid for my claims in probate. I don't know,maybe I should just forget it. Has anyone here ever won a challenge in probate like this?