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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31024
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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i was married to my husband 25 years. we divorced 3 yrs ago

Resolved Question:

i was married to my husband 25 years. we divorced 3 yrs ago and he passed 2 yrs ago. we agreed in our divorce settlement that i would receive 1/2 of the business which he valued about 1 million, but put on the divorce agreement 98,000 because of the recession. both our lawyers told us that if it sold for more, the agreement would be modified and the same if it sold for less.
both our children got the business and now have sold it for a lot (i think clos)e to 1 mil. we don't talk about money, so nothing has been said. i have never asked for money before from anyone and my former husband took very good care of me for 30+ yrs--even til the day he died. i know he has never wanted me to worry about money and now that i am 57, i am very concerned about how i am going to live til soc security if there is any. i feel as though i am legally entitled to it, but hate to file a claim against the estate (my children). i don't know how to talk with them, but am trying to figure it out. aren't i legally entitled to 1/2 of what the business sold for?
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

If the settlement agreement says that you're entitled to receive 1/2 of the business, then that's what you would be entitled to.

 

Unless the divorce decree limits your entitlement to $98,000, you'd be entitled to 1/2.

Customer: replied 6 years ago.
i am out of town, therefore, not able to see exactly how the agreement is worded. if i have another question once i look at it, do i pay you every time?
Expert:  Roger replied 6 years ago.
No, you don't have to pay twice. You're charged each time you click ACCEPT. If you click ACCEPT now and then ask a question later, you are not required to pay again - I'll be glad to answer a follow up.
Customer: replied 6 years ago.
thank you
Expert:  Roger replied 6 years ago.
Sure.
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