My husband drowned (commercial fishing boat in Oregon) and a wrongful death suit was filed. I lived in Massachusetts and we were divorced at the time-although married for 11 years. The trust from that settlement was placed in my children's names to avoid IRS garnishment. The funds were 'cashed out' in 2010, and I was excluded from any monies. My children then stated that they wanted no contact with me. Since I never established a notarized legal document regarding the 'monetary disbursal', do my children owe me my rightful share? I was 62 years of age when the settlement was 'cashed out', and I am now 66 years of age. I believe I have been unfairly taken advantage of. Please advise. Thank you.
Answer
You are not entitled to anything from
The settlement as your divorce eliminated all of your spousal rights. Unless your divorce decree entitled you to a claim against your ex-husband's estate you are not entitled to any compensation from his estate.
Answer
I agree with Attorney Roth. The accident occurred after your divorce, so you are not entitled to any of his settlement. Sorry.
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