My husband and I have a life insurance policy stating if either one of us dies our house will be paid off. He also has a seperate insurance policy through his employer stating if he is killed in the line of duty I will recieve benefits for the rest of my life. Could a judge order me to sell my home and split everything with his ex? I had a friend who's father died and at the time he was re-married living in a nice home with his wife. A judge ordered this man's wife to sell the house and split the money with the daughter. Since my husband is a police officer I worry all the time and want 2 b prepaired if he dies. My husband's ex-wife is very greedy and I am worried that if anything ever happens to him she will try to take everything I own. My husband and I have been married for several years and have a child together. He also has two other children with his ex. Do they have the right to sue me and take me to the cleaners if my husband dies. Or does the current wife have the most rights?
2007-09-05 04:38:04 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Lots of states, if not all, have provisions that preclude a person from disinheriting their spouse and/or minor children. I do not know of any state which prevents a person from disinheriting their ex spouse.
The best way to ensure your husband's wishes are carried out, however, is for him to execute a will. Assuming his children he had with his ex are still minors, I am sure he would want to provide something for them in his will. If he has a will that clearly sets forth his wishes for you to get all but what he specifically provides for his children, his ex will probably not be entitled to anything, personally. It is very difficult to overturn a will.
He should also execute a durable power of attorney and a living will naming you as the person who can lawfully make any and all decisions during any period he is incapcitated. This will also make sure there is no dispute about his wishes should be become permanently incapacitated or on life support.
A durable power of attorney would, among other things, allow you to sell assets to pay bills or for needed medical expenses. Absent that you would not be able to dispose of joint assets even if selling them were absolutely necessary. A living will outlines his wishes if he were to be put on life support with no reasonable chance of recovery.
Next, you should make sure your home is jointly owned as joint tenants with right of survivorship. This ensures that your home will pass to you, by law (outside the estate) upon the death of your husband (and vice versa if something happens to you). You can actually do this with bank accounts, IRAs etc. In the alternative, if he has personal accounts by himself he can make them POD (payable on death) to you. This way they pass outside his estate as well.
Next, make sure your husband does a check of all his paperwork at work. Even if his work life insurance names you as beneficiary, some people forget to change other benefits to a new spouse (such as funeral benefit, death benefit, unpaid wages etc). If he has not already done so, he should review all of his benefit paperwork to ensure his ex is not named as a beneficiary on anything.
Finally, I recommend you see an attorney to ensure that your and his assets are protected. ` I am guessing that he/she will tell you much the same but of course will be most familiar with Ohio law and be able to advise you as such. All of the things I have discussed are things of general application and it is very important to ensure all your plans and documents conform to Ohio law.
In particular he will be able to advise about the rights of children from a former marriage to inherit from a parent who has remarried and has other children.
Seeing a lawyer and getting the appropriate advice and executing the appropriate documents will give you peace of mind. It will be worth the money for the peace of mind.
Before you go see the attorney, make out a list of questions you want to ask. Bring copies of your insurance policies and the deed to your house and any other documents you feel necessary to answer all your questions. Also bring a copy of the divorce judgement/settlement agreement.
Tell your husband to "Be careful out there"
2007-09-05 09:27:20 · answer #1 · answered by floridaladylaw 3 · 0⤊ 0⤋
spouse dies wife kids rights ohio
2016-02-02 02:06:40 · answer #2 · answered by ? 4 · 0⤊ 0⤋
NO, only claim she will have is child support, and that would come out of any pensions, social security etc he has. if your sole beneficiary on life insurance I don't believe your obligated to the ex. I would get a lawyer in advance and find out how to protect your assets from any liens. That way you can take steps to prevent total chaos in the event of death.
By the way I believe, not 100 percent sure but you could have your husband put he house in your name. your not obligated for the debts of another incurred before you even married.
RRRRR
2007-09-05 10:28:28 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Texting lets you control the tone and establish what kind of conversation you want to have. Learn here https://tr.im/eFVPG
This is probably the most important part. With texting, you can stop and think about what you want to say to your ex at each step of the way. Instead of reacting emotionally, you can take your time, figure out the right thing to say (I’ll give you most of it), and be strategic with your ex without saying something that you’ll regret.
2016-04-26 21:53:42 · answer #4 · answered by macie 3 · 0⤊ 0⤋
Consult an attorney and your insurance office now. Please.
And especially make sure both of your wills are up to date, including living will.
I would imagine the previous instance was someone without a will
2007-09-05 04:56:49 · answer #5 · answered by angibabi113 3 · 1⤊ 0⤋
1
2017-02-20 03:07:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
This site http://getyourexback.toptips.org teaches how to use tiny little text messages to create a whole new relationship with your ex (no matter how bad things were before)
2014-09-24 08:20:17 · answer #7 · answered by Anonymous · 0⤊ 1⤋
If my husband past away,there was a lawsuit to which he is entitled to receive money from , who does it go to if he had no will and just me and a estranged son?
2014-01-24 01:02:16 · answer #8 · answered by marie E 1 · 0⤊ 0⤋
i would call the insurance company for details. I imagine she would get money cuz she has his kids, it would go to them. But you'd have to ask him and the insurance co to be sure
2007-09-05 04:47:34 · answer #9 · answered by camryangel33 2 · 0⤊ 0⤋
Make sure "all ducks are in a neat row" for starters.
2007-09-05 04:59:03 · answer #10 · answered by kim t 7 · 0⤊ 0⤋