legal question

[squeakyuk]

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Bit off topic regarding med school but my lawyer hasn't called back yet and I'm getting antsy.

But my dad passed away a couple months ago and my brother and I were entitled to a life insurance policy for 70k each (so 140k overall). My mom was looking through her divorce papers at one point because we needed copies for some of the paperwork and it said my dad was supposed to have a life insurance policy for her for 100k and he didn't. Now she wants 50k from each of us because her divorce decree says she was supposed to get 100k but all his insurance and thrift plan stuff with the his employer was all left to my brother and I which was also further clarified in his will.

So basically, can my mom really take that money from us? My brother is fine with it as he's only 18 and doesn't care but I'm married and have a baby and that money was going towards paying student loans and putting some away for a house after med school. So I'm really pissed off at this point. So any past lawyers or law students have any idea if a last will overrides a divorce decree?

Thanks for any help. My lawyer hasn't gotten back to me yet and as it's 5 now, I may just have to call back tomorrow so any help to calm me down would be appreciated.

 

[oldpro]

Bit off topic regarding med school but my lawyer hasn't called back yet and I'm getting antsy.

But my dad passed away a couple months ago and my brother and I were entitled to a life insurance policy for 70k each (so 140k overall). My mom was looking through her divorce papers at one point because we needed copies for some of the paperwork and it said my dad was supposed to have a life insurance policy for her for 100k and he didn't. Now she wants 50k from each of us because her divorce decree says she was supposed to get 100k but all his insurance and thrift plan stuff with the his employer was all left to my brother and I which was also further clarified in his will.

So basically, can my mom really take that money from us? My brother is fine with it as he's only 18 and doesn't care but I'm married and have a baby and that money was going towards paying student loans and putting some away for a house after med school. So I'm really pissed off at this point. So any past lawyers or law students have any idea if a last will overrides a divorce decree?

Thanks for any help. My lawyer hasn't gotten back to me yet and as it's 5 now, I may just have to call back tomorrow so any help to calm me down would be appreciated.

Was it part of child support? Cause a lot of times that's why he was supposed to have the policy. I think it may be? But if he left it to you then that policy is yours I think and she can sue the estate I guess but then you will have to wait till the suit is over to get the money he left you. Funny but you lost your Father and the money is small compensation, she parted with him some time ago but the money talks huh?

I'm sorry for your loss. Pay an attorney for the answer I think it would be worth the advice, but you owe your mom nothing.

 

[Sol Rosenberg]

Isn't this what probate is for? Whatever the case, I don't think your mother could (successfully) sue you. She would have to sue your father ('s estate) for the money that she thinks she is owed by your father ('s estate.) Her divorce decree is not binding upon you (or your brother.) If the will has already gone through probate, then you should be home free.

NOTE: I am not a lawyer, and you should not take legal advice from anonymous people on the Internet. But, it already looks like you have a lawyer, so I'll save that speach for someone else.

 

[squeakyuk]

I don't know how probate works so I have no idea what's going on as far as that goes. I notified the lawyer after he passed away and he said he's put it through. I haven't gone to probate court though as he passed about 2 months ago and I had to go back to school to do exams and only got back a week ago (and she sprung this on me this afternoon).

If anyone could explain what probate is exactly (because the lawyer wasn't clear) I'd appreciate that too. Like do I actually have to go to court or can the lawyer handle it? And how long does it take? My lawyer said he'd start it back in April but I haven't heard anything since. All I know is I was left as his executor in his will and had power of attorney. I'm just a bit clueless as far as the rest of it goes (especially since I'm only 22 and my friends haven't gone through this).

 

[RxnMan]

I don't know how probate works so I have no idea what's going on as far as that goes. I notified the lawyer after he passed away and he said he's put it through. I haven't gone to probate court though as he passed about 2 months ago and I had to go back to school to do exams and only got back a week ago (and she sprung this on me this afternoon).

If anyone could explain what probate is exactly (because the lawyer wasn't clear) I'd appreciate that too. Like do I actually have to go to court or can the lawyer handle it? And how long does it take? My lawyer said he'd start it back in April but I haven't heard anything since. All I know is I was left as his executor in his will and had power of attorney. I'm just a bit clueless as far as the rest of it goes (especially since I'm only 22 and my friends haven't gone through this).

Losing a parent sucks. But having the remaining parent fight you over money? That's garbage.

Power of attorney and being the executor of his will gives you a lot of legal freedom, especially in how your father's estate is divvied up. (Should you be incapacitated, someone with Medical PoA can countermand your spouse's wishes when making medical decisions concerning you). I'd PM Law2Doc for a consult.

 

[Sol Rosenberg]

I don't know how probate works so I have no idea what's going on as far as that goes. I notified the lawyer after he passed away and he said he's put it through. I haven't gone to probate court though as he passed about 2 months ago and I had to go back to school to do exams and only got back a week ago (and she sprung this on me this afternoon).

If anyone could explain what probate is exactly (because the lawyer wasn't clear) I'd appreciate that too. Like do I actually have to go to court or can the lawyer handle it? And how long does it take? My lawyer said he'd start it back in April but I haven't heard anything since. All I know is I was left as his executor in his will and had power of attorney. I'm just a bit clueless as far as the rest of it goes (especially since I'm only 22 and my friends haven't gone through this).

Generally you don't go to court during probate, unless someone contests the will and files a lawsuit. Here is wikipedia's description:

http://en.wikipedia.org/wiki/Probate

 

[thes_hunter]

My condolences both for your father's passing and for having to deal with this legal matter. 🙁

 

[oldpro]

I don't know how probate works so I have no idea what's going on as far as that goes. I notified the lawyer after he passed away and he said he's put it through. I haven't gone to probate court though as he passed about 2 months ago and I had to go back to school to do exams and only got back a week ago (and she sprung this on me this afternoon).

If anyone could explain what probate is exactly (because the lawyer wasn't clear) I'd appreciate that too. Like do I actually have to go to court or can the lawyer handle it? And how long does it take? My lawyer said he'd start it back in April but I haven't heard anything since. All I know is I was left as his executor in his will and had power of attorney. I'm just a bit clueless as far as the rest of it goes (especially since I'm only 22 and my friends haven't gone through this).

I did think about this terrible thing, I don't know you but I love my mom and would find this heartbeaking if she ( and I know my mom is capable) of pulling this one. One thought I had is maybe you and your sibling could offer some money to her? Seems she wants a 60% from each of you which is not right. If she could use the money maybe you and sibling could offer like 25K total to keep the peace? I dunno just if you think that is the right thing, she may not go for it and try to get a lawyer but, unless he was supposed to have a life insurance policy on his life for the rest of his life ( cant understand since there was a divorce) and the oher sibling is now 18 then the life insurance thing is ended now and you owe her notheing and his estate owes her nothing thats what they call divorce. ( I have an X and no she gets nothing after the kids are both 18, they get it all! and some if something happens now Lord Forbid)

Why do parents do this kinda stuff? I would not give in but to offer the smaller amount. Just an opinion.

I will pray for you.

 

[Law2Doc]

Generally you don't go to court during probate, unless someone contests the will and files a lawsuit. Here is wikipedia's description:

Do not take the advice of anyone other than the lawyer you have hired who has actually read through the applicable documents. And wikipedia is not known to be a credible legal resource. 🙄 Additionally, both divorce and probate are matters of state law in which the results may vary from state to state, so any advice you get at random over the net has about a 1 in 50 chance of being correct in your jurisdiction. See your lawyer. Good luck.

 

[DrMom]

As Law2Doc pointed out, it is unwise to use legal advice from random folks online. Sounds like you need to hound the lawyer until they call you back and clarify this or you need to hire a new one.

Since this is the legal equivalent to asking for medical advice, I'm going to close this.

Good luck.