Should I sue my ex- husbands estate?

My ex-husband died and he owed me alimony and child support. He paid a lot of it, however,and my kids are grown and gone. I just did not take the time to go after him.

He left his money to his current wife and if I sue his estate my lawyer tells me I can take much of what she has!

I could take her house and retirement money away from her!1

Both alimony and child support survive death. Go for it, it is yours.


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Dudette MOVE ON!

why do you want it now?

if your kids are grown and gone, plus you said he paid most of what he owed you then why sue? Let his current wife who does deserve money keep what she has. Move the freak on!

Since you asked "should" you sue the estate, the only question I have is are you in need of funds because of the shortfall in alimony and support caused you to lay out money over the years that you didn't have? If so, then yes, you should get what is rightfully yours. If you'd just be doing it for spite, please don't, the courts are full enough as it is.

If you need the money he did not pay you that is rightfully yours, then try to get just that. Dont go for more than what is rightfully yours. She was his wife as well and should get her share from the time they where together.

You need to provide for your children in every way you can. DON'T get a lawyer. This is so cut and dry. There are actually agencies (if needed) that for free , will help you file. Still It is very uncomplicated. You simply file under "debt unpaid" Your clerk of court can guide you through the process. Good luck.

If the children are grown and gone why would you do that?
Just because you may legally do something does not make it morally correct.

Yes, sue. Did you ever get a court judgment against him for the unpaid amounts? If so, that sounds like a valid claim against his estate.

If you didnt take the time tells me you didnt "need" it that much. I'm not saying that he shouldnt have paid it. My father didnt do much to help me as a kid so trust me I do understand the basis of what you are asking. But why now, it would have been much better to force him to own up to what his responsabilities where when he was alive. Doing it now makes you look bitter and perhaps a little cruel, even more so if his wife isnt able to support herself or you could be looked on as jealous as she now has the money.

Thats a real tough question and I hope you do find a positive solution.

Yes, if there is money in the estate it is FIRST required to be paid to creditors (like you) and taxes and lawyers, and only LATER can it be distributed as a gift to anyone else. You have to file within prescribed dates or forever lose your claim.

are u sure the stuatute of limitations has not run? jealous cause she is hot?
yeah take ur new bf to his house see how he likes it.

By being divorced for 35 years it seems as though you haven't gotten over him! Why after all this time would you want to be labeled as a "gold digger" by the local courts?
Challenging a will is very dangerous contrary to what your Atty claims. I see at most you would get what hasn't been paid in the alimony claim. But some states have a time limit on how old a debt can be and still be able to collect.
I'd seek advice from a couple other attorneys before going down the road to challenge the will.