Family Law Questions? Ask a Family Lawyer Online.
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When did you get divorced?
There can be an issue with the statute of limitations and that is definitely something you are going to have to address.
However, you can make your claim against the estate. Do you know if anyone has opened a probate?
Just to make sure, no part of this is from spousal support or child support is it?
Just checking because the rules are totally different.
What you will do is file as a creditor in the probate. If no one opens a probate soon then you can open it as a creditor. You probably want to hire lawyer to file the claim and handle everything for you and it may even be possible to get the attorney's fees back. If the claim isn't filed exactly correct then you will have waived the right to collect and there's no other way to go after the money now that he is dead.
There is also a very limited time in which to file your claim. I would assume that if the new wife files for the probate she probably will not send you notice of the probate or the Notice to Creditor but she will publish it in the newspaper and then you will still be under the same time restrictions.
You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Probate Law.
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