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Should I sue my ex-husbands estate? |
There is no ststute of limitations on alimony.arrears. He owes me plenty from 30 years ago. I could take from his current wife of 14 years. My children are beneficiaries of his and her estate when she dies. i could get her home and savings. I am 78 years old. HE JUST DIED SO NOW WOULD BE A GOOD TIME TO SUE HIS WIDOW. If you have a legitimate claim, you should persue it. The other details are irrelevant. I would go for it. If he screwed you over you do the same back. You just should have done it sooner! ask an attorney if you have a legit claim. but don't be hostile about it, You sound like a bitter old woman. Alimony is from the ex-husband to you, and why you waited 30 years to complain is a mystery. Your children would be the beneficiaries of HIS portion of the estate, unless his wife of 14 years decides to add her husband's children to her will. Are you sure there is no limitations problem? Just because the statutes of limitation don't talk about alimony doesn't mean they don't cover your case. Also, bear in mind that even if there is no applicable statute of limitations, your claim may be barred by the equitable doctrine of laches. It depends upon the laws of your state. You may have a difficult time finding a judge to enforce your claim at this stage, but consult a lawyer if you feel strongly about it. Sure, and first wind of all this, he can divorce his current wife, plead no contest, she takes everything, and then he'll have nothing left for you to take. You could pursue this but it will cost you and ultimately you will be taking this from your own children. If you fear that she will dispose of or funnel away the assets and your children will not receive their fair share then pursue the matter. You should hire a good attorney who specializes in domestic cases not estate cases. This sounds like sour grapes on your part. Why didn't you deal with this while your ex-husband was alive? His back alimony should not cause his widow to lose her house. She and the children certainly are NOT responsible for him being arrears in his alimony payments. Leave it alone. If he was ordered to pay alimony and didn't, then I would talk with a lawyer about it. If you just think he should have paid you alimony but never got a court order, then you have no claim. You are a pathetic old woman....if that's what you really are! You can't even keep your own lies straight! |
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