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Asked 2/23/2009
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My young husband died, what can the mother of his first child get? I have a small child and was married for 7 1/2 years. He died tragically and recently. I am disabled but never did the official paperwork to receive my disability benefits, but due to the small social security I'm now getting, I must file.
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Answer 1/1 - Submitted 9/25/2010
My husband also had no will. The family within months of his death, I had offered them to come here and take a shirt or something with no one wanting to. My mother in law says nothing about my son and what I should do with him but has plenty of pushing and advice and ultimately outright taking my dead husbands belongings she had near her and knew I wanted b/c my husband had spoke only weeks prior about what he wanted to do with his first son IF he showed any interest in what kind of property this was. That specific property she had was not even the property he had spoken to his son and myself about as there was another here, a diff. color and it came with strict guidelines on how old his son will be and what my husband would look for so his son wouldn't just take it and pawn it or not be interested in it. A small part of him was a bit concerned that the son's mother would take it away and sell it, etc. When my husb. dated her she got him something similar and he hit a point in his life where he needed to pawn this thing and she never forgave him; however she never is wrong herself and will hold a grudge as long as it helps her win her cause or case.
So now in her posession via my mother and father in law (he's taking blame for my mother in law although he didn't ever give my husband's property to my husb's 1st son and I shared with them both how crystal clear he shared his wishes with how/when this would be passed down and he didn't even have a clue he would die; he just wanted his son to take an interest in something other then video games. Now that this son has had this property of my husbands (again, my husb. has a black one he was not talking about and a blue one which is the one he was referring to. I feel stolen from and was going to give the black one to the brother who would appreciate the memory as they did this same hobby together with that exact black item.)
Now that my nephew who was friends with my stepson came here and found the exact place the blue one was hiding, my in laws will only retrieve the black one IF I'm making a switch. I told them my husb. knew his son was too young to get that kind of gift now and proved it when after a week he told my nephew he didn't like it, was getting rid of it and getting a diff. kind for Christmas. So what happens to this black one that he engraved memories in the head and hearts of me, his brother and several other people who still stick around and continue to grieve with us. In laws have cut off communication with me as they tried their hardest to show that since I've done nothing yet (another lie, I had given much away to those whom wanted something and many refused b/c it was too soon and then when they wanted it, it was expected I should jump and be ready but then my time set in where I could not get rid of anything w/o heavy crying, etc. I told them not now but I'll be ready at some point, I've just not had my time to really realize he's gone.
Then I was looked at as the selfish, cares about no one but herself, wife. When my actual issue is that I'm severely ill, had taken no time of my own to think about all this as I tried to just get a bit better and wrap myself around how my husband is gone for good. He's not here to defend me.
What do I do about how his property was taken by his parents and given away? First he and I tried to get it but then he died and then I tried and his mom didn't want it to go b/c it was an emotional thing for her. Now she denies saying that but her husb. at least is supporting that she said that over and over again.
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