mu husband has terminal cancer.what rights have i got as he states i will have to go to work after his passing for any money to live on(iam 70yrs old) he has got money saved am i not intitle to some as i am sure no one will employ me
2006-06-26 06:40:59 · 15 answers · asked by Anonymous in Business & Finance ➔ Personal Finance
You should be untitled to everything he has if you are legally married to him and there is no prenuptial legal agreement denying you rights to what he leaves behind. Then there is the matter of the will, but remember no matter what the will states, as his legal wife you are intitled to at least half of everything he leaves behind. If you don't get it contest the will 'if it's worth it'.
2006-06-26 06:52:13 · answer #1 · answered by meimmoody 3 · 3⤊ 2⤋
Find an attorney who practices wills & estates in your area.
If your husband has a will, any money or other items he left to you will be yours (if he specified that in the will). If he does not have a will, his entire estate will most likely go to you.
Does he have life insurance? Are you named as the beneficiary? Do you know where the policy is?
Does he have any pensions or other income through the military or his employer? Find out if he does and if the funds will continue after his death.
Does he receive social security now? You may be entitled to receive social security after his death. It may be best to call your local social security office. [ssa.gov]
Im sorry about your husband.
2006-06-26 06:49:03 · answer #2 · answered by mand 5 · 0⤊ 0⤋
My father just passed away last month so my mother is dealing with a similar experience. He was a truck driver and she is disabled. Im not sure with your situation on how much you will receive, but she will be getting $900 a month from social security. Plus whatever she gets from the 401k we aren't sure how much that will be. His life insurance was only 15k and the funeral was just over 6k so the money left from that wont pay off the mortgage.
Im sorry you have to deal with this.
you will be in my prayers.
Good luck and God bless.
2006-06-26 06:47:43 · answer #3 · answered by froggy girl 2 · 0⤊ 0⤋
I just had to go through this but the other way round
I have the property and wanted to know if there's no will what happens
Be careful - if there's no will you get around 250K to you
then 50% of the rest goes to his family
and 50% of the rest goes into a trust that you can touch but can live from the interest.
please ask him to make a will - if you need a phone number of a good solicitor then contact me
I'm doing my will now
2006-06-26 06:47:09 · answer #4 · answered by Lulu Ferrari 3 · 0⤊ 0⤋
A lot would depend on his will. If he does not have a will, then everything will go to the spouse. You should be entitled to his social security and retirment benefits. There are many factors involved - length of marriage/terms of will/etc. Talk to an attorney.
2006-06-26 06:45:21 · answer #5 · answered by TMH 4 · 0⤊ 0⤋
you are entitled to some money, unless it is written in his will that u are clearly not to have any of his money, but in a special case you probably can have some of his money. and then if u have children who are not minors the money is split with you or them. and then if they are minors, then they either have an acocunt set up for them so that you cannot touch the money until they are old enough to take care of it on their own, or you are given all the money and is expected to give them some when the become....un-minors...
and seek and attorney's advice
2006-06-26 06:46:56 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Hi there. You need to talk to an estate planning lawyer to see if he can help you out. Explain to them your problem, they might be able to give you some free advise. I feel bad for you, I hope that everything works out. God Bless.
2006-06-26 06:44:58 · answer #7 · answered by The Nag 5 · 0⤊ 0⤋
Ask an attorney -- they often have the first visit for free. Make it someone who does probate law. Each state is different. And, is there no will ??
2006-06-26 06:42:38 · answer #8 · answered by jboatright57 5 · 0⤊ 0⤋
It all depends on what you have set up. When he dies, who is the beneficiary on his accounts? That's who will get the money. As for going back to work, are you eligible for SS? It also depends on where you live.
2006-06-26 06:43:03 · answer #9 · answered by mlgjst 2 · 0⤊ 0⤋
if he is your husband, and he is still alive now, get all your business together before his illness takes him away, you do not wanna wait until its to late, at your age your gonna need whatever you have now, ask a lawyer who gives free advise, talk with your husband, if he's still able to and resolve this issue before its to late, good luck, god bless
2006-06-26 06:45:59 · answer #10 · answered by davionmw 4 · 0⤊ 0⤋