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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37883
Experience:  I provide family and divorce law advice to my clients in my firm.
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my husband passed away; I was receiving weekly support as we

Customer Question

my husband passed away; I was receiving weekly support as we were married for over 30 years. now how will I get my support? I could not finalize the divorce because he contested it. what can i do???
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

Upon passing the obligation to pay support ceases, unless your spouse expressly created a trust or an account that would continue to pay you support until you pass away. You would not be able to get support as that option no longer exists, but you can pursue your husband's estate for a forced share of the assets, if he did not leave you anything in his will.

Good luck.
Customer: replied 3 years ago.
how about a life insurance policy?

Expert:  Dimitry K., Esq. replied 3 years ago.
Ma'am,

If your husband left a life insurance policy and left you as a beneficiary, you would be eligible to receive those funds. But if he had no life insurance, then you are not going to receive anything, as there is nothing to receive. Life insurance benefits only get paid out if there is a policy on file, and you are listed as a beneficiary.

Good luck.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37883
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 10 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
I thought you could not cancel life insurance policy if you were in a divorce. or even change the beneficiary
Expert:  Dimitry K., Esq. replied 3 years ago.
Ma'am,

I do not know if there was a life insurance policy or not as I do not know your situation or what assets you or your spouse maintained. Since the divorce was never finalized your spouse was free to cancel the policies (if he had any) since there was no court order forbidding him to do so. While most divorce actions do place a freeze on changes, if the divorce takes long enough the parties may be able to obtain permission from the courts to make changes to their assets.

Good luck.
Customer: replied 3 years ago.
But you said they need permission to change the policy. is that right?

if that was done, my attorney should have told me, right?

Expert:  Dimitry K., Esq. replied 3 years ago.
But you said they need permission to change the policy. is that right?
Once divorce was file AND if a request to freeze assets was filed aso, then yes.

if that was done, my attorney should have told me, right?
Under above conditions, the other spouse's attorney should have informed you since your attorney, not being in charge of the other spouse's assets, may not have known himself.

Good luck.
Customer: replied 3 years ago.
I hate to be picky but i am in divorce; my husband hates me; if he is going to cancel the insurance policy; that must go through the courts; yes or no?

he passed away 2 days ago; my divorce attorney told me he is done;

so how can I find out what was done reg the insurance policy, plus how could he change the policy once in the middle of a divorce unless the court would know
Expert:  Dimitry K., Esq. replied 3 years ago.
I hate to be picky but i am in divorce; my husband hates me; if he is going to cancel the insurance policy; that must go through the courts; yes or no?
Yes

he passed away 2 days ago; my divorce attorney told me he is done;

so how can I find out what was done reg the insurance policy, plus how could he change the policy once in the middle of a divorce unless the court would know
Call the insurance company yourself, tell them he passed, and have them conduct a search of their policies and the beneficiary information. That is the fastest way to find out if you were ever removed (or not) from the insurance policies that existed.

Good luck and kindly press the green "accept" button so I can be compensated for my assistance. Thank you.

Sincerely,

Dimitry Alexander Kaplun, Esq.

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