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Asked 2/22/2010
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Am I entitled to my late ex-husbands' benefits from union, 401k, etc? My late ex husband and I married in California, 1984. We were divorced 3 mothns short of being wed for 10 years. He died 3-29-2009 at his home. He was re-married and had children at the time of his death. Our marriage produced no children. Our disso decree was done by me. (Stupid, I know) He was to pay me maintenance but never did. I understand he died quite wealthy. I am collecting SSD and SSI, food stamps, medicare and medicaid. I have no monies for an attorney. Does California law entitle me to anything since I am his first wife?
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Answer 1/8 - Submitted 2/22/2010
You can file a claim ( but you shoul;d have do so long ago) agains the esatet for unpaid spousal support. Other than that, you are out of gas. If you had just waited a few more months you could have drawn on his SSA if his was larger than yours.
WHy did you wait ayear, to ask this question. I am sure the time is up for creditors claims, but you could still try. Whjy didn't you take him back to court for unpaid spousal support?
I have heard of laid back Californians , but this is extreme!
Answer 2/8 - Submitted 2/22/2010
Because he was extremely wealthy and I had no money is the reason I never took him back to court. I also moved to Chicago, then back to Az. He was so much more intelligent than I that I just figured I'd never beat him at his "game."
I had been living in Az when we divorced and did indeed go to Ca to try to claim the vehicle and had tried to get my monies out of him all to no avail and because I couldn't afford an attorney.
I did apply for his SS benefits immediately after learning of his death. I only found out about his death a few months ago and it was by chance at that. I learned that because of the three month shortage of a 10 yr marriage, that I couldn't collect anything.
I am not a "laid back Californian". I haven't lived in Cali since 1986.
Thank you for your info.
Answer 3/8 - Submitted 2/22/2010
I was trying to add a bit of dry humor; i apologize if you took offense.
You should have aplied for legal aid. It would benefit you now to go ahead and do so.
Did you check any women rights orgs for pro bono attorneys?
Anyway, you should apply right away, and see if it is too late to sue the estate for the unpaid spousal support. Time is not on your side, you really need to hurry. You did not need an attorney to pursue your spousal support claim, as California has self help lawyers that help you for free in every county in Ca.; and like wise with probate, all you had to do is file your court order for spousal support with the probate court to add your name to the list of creditors, just like his credit card debt or any other debt. Did you call the probate court and aks them how to claim your unpaid spousal support?
You should call t he probate court, the one handling his probate, and ask the clerk if the estate is still open for claims.
to find the closest legal aid office
www.lsc.gov
keep your fingers crossed
Answer 4/8 - Submitted 2/22/2010
You didn't offend me with your comment. I merely wanted to make you aware that I haven't lived in Cali in eons!
Legal Aid slightly directed me when I filed for the disso. They were not helpful at all and my disso decree looks like I don't know what?
I'm in NC now. Wouldn't I have to find a Ca attorney to help me?
Answer 5/8 - Submitted 2/22/2010
Yes, you would, you can still mail a copy of your decree to the probate court along with aletter explaining that you are owed money from the estate.
I would have to check with Ca law, but you MIGHT ( and mean MIGHT ) be able to hire someone on a contingency. I say might becaus ehiring attorneys for domestic actions is forbiien, but recovery from an estate might not be prohibited.
you need to stop time by getting somehting submitted to that robate court asap.
do you know the county he died in?
Answer 6/8 - Submitted 2/22/2010
Since I left my last comment I've been on the phone trying to find a Legal Aid rep or a Woman's org here in NC in the co where I live but there are NONE! Can you believe this? It seems NC doesn't have the funding for such help for women or persons too poor to hire an attorney.
Anyhoo, I will write a letter to the LA county, Ca Probate courts and see what, if anything will come of it.
He lived and died in LA county. My next step from here is to find the phone number and address for that particular probate court.
Answer 7/8 - Submitted 2/22/2010
Here's info on how to submit a creditors claim against his estate
http://www.lasuperiorcourt.org/Probate/pdf/Credito rsClaim.pdf
good luck!
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