My ex and I were never married. He is legally the father of our son.
Total Comments: 5
Posted: Tue Aug 17, 2010 10:11 pm Post Subject:
I'm terribly sorry for your son's loss.
Most likely will revert to his estate. Was he married? Are there other children?
Posted: Tue Aug 17, 2010 10:19 pm Post Subject:
Nope..not married n no other children.
Posted: Tue Aug 17, 2010 10:56 pm Post Subject: Sorry for your loss
Unless your ex put in a will who he wanted his life insurance policy and other assets, then you will most likely not see a dime since the state can claim it. This happend to a friend of mine in Oregon.
Posted: Tue Aug 17, 2010 11:02 pm Post Subject:
no, no, it should have to go thru probate. Find out who is taking care of his estate, and let them know you plan to file on behalf of your son (assuming he's a minor). If we are talking about a signficant amount of money and/or property, wouldn't be a bad idea for you to consult a good probate attorney.
Posted: Wed Aug 18, 2010 01:40 am Post Subject:
Unless your ex put in a will who he wanted his life insurance policy and other assets, then you will most likely not see a dime since the state can claim it. This happend to a friend of mine in Oregon.
ABSOLUTELY FALSE INFORMATION! While the money will most likely end up in the estate, the State does not have an automatic claim to the money.
When a person dies intestate (no will), state probate laws govern the disposition of the decedent's estate. Someone will petition the court to act as Executor and a judge will supervise the final disposition. The assistance of a probate attorney is recommended, but is not always required (depends on how complicated the matter is).
However, the first responsibility of the probate court is to make sure that the decedent's creditors are taken care of. Employees of the decedent (unpaid wages) are at the top of the list, followed by federal, state, and local governments (unpaid taxes or assessments), followed by unsecured creditors (credit cards, personal loans) [secured creditors only have a claim to the security interest itself -- and if the secured interest is more valuable than the debt, the excess portion remains in/must be returned to the estate -- the court will supervise the sale of the assets].
Life insurance proceeds become an asset of the estate only when there is no named beneficiary. Have you contacted the insurance company to determine whether there is or is not a beneficiary, or are you relying on someone else's belief? It is true that if creditors have superior claims, all of the life insurance proceeds could be consumed by debt, and none of the money made available to any legitimate heirs.
Another example of the trouble failure to name a beneficiary can create.[/quote]
Posted: Tue Aug 17, 2010 10:11 pm Post Subject:
I'm terribly sorry for your son's loss.
Most likely will revert to his estate. Was he married? Are there other children?
Posted: Tue Aug 17, 2010 10:19 pm Post Subject:
Nope..not married n no other children.
Posted: Tue Aug 17, 2010 10:56 pm Post Subject: Sorry for your loss
Unless your ex put in a will who he wanted his life insurance policy and other assets, then you will most likely not see a dime since the state can claim it. This happend to a friend of mine in Oregon.
Posted: Tue Aug 17, 2010 11:02 pm Post Subject:
no, no, it should have to go thru probate. Find out who is taking care of his estate, and let them know you plan to file on behalf of your son (assuming he's a minor). If we are talking about a signficant amount of money and/or property, wouldn't be a bad idea for you to consult a good probate attorney.
Posted: Wed Aug 18, 2010 01:40 am Post Subject:
Unless your ex put in a will who he wanted his life insurance policy and other assets, then you will most likely not see a dime since the state can claim it. This happend to a friend of mine in Oregon.
ABSOLUTELY FALSE INFORMATION! While the money will most likely end up in the estate, the State does not have an automatic claim to the money.
When a person dies intestate (no will), state probate laws govern the disposition of the decedent's estate. Someone will petition the court to act as Executor and a judge will supervise the final disposition. The assistance of a probate attorney is recommended, but is not always required (depends on how complicated the matter is).
However, the first responsibility of the probate court is to make sure that the decedent's creditors are taken care of. Employees of the decedent (unpaid wages) are at the top of the list, followed by federal, state, and local governments (unpaid taxes or assessments), followed by unsecured creditors (credit cards, personal loans) [secured creditors only have a claim to the security interest itself -- and if the secured interest is more valuable than the debt, the excess portion remains in/must be returned to the estate -- the court will supervise the sale of the assets].
Life insurance proceeds become an asset of the estate only when there is no named beneficiary. Have you contacted the insurance company to determine whether there is or is not a beneficiary, or are you relying on someone else's belief? It is true that if creditors have superior claims, all of the life insurance proceeds could be consumed by debt, and none of the money made available to any legitimate heirs.
Another example of the trouble failure to name a beneficiary can create.[/quote]
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