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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 34328
Experience:  12+ yrs. of experience including estate law.
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I have 2 issues: 1) My ex husband has died in GA where he

Customer Question

I have 2 issues: 1) My ex husband has died in GA where he lived. I live in FL with his minor child. He has a wife and another minor child in GA. Before he died in Nov, he was in a coma since 3/2/15. His wife would not pay the child support. A couple months before his death she was appointed his legal guardian by the court and responsible to pay his debts, one of which was listed was the child support. She has not paid any of the arrears. The court order is from FL so I do not know how to enforce it in GA. I had contacted the child support enforcement agency of FL to help but I never heard back from them. 2) My ex husband died on 11/19/15. A month later his wife sent a Last Will and Testament is which he disowned my 2 children ages 14 and 21. I was told the older child has no rights but I may still be able to get money for my minor son. I want to contest the will. His wife is an evil manipulative woman who had the will drawn up at her former place of employment a Personal Injury law firm. The witnesses to this so called will were her 2 best friends. She gave my daughter a copy of the will before the attorney handling it mailed it to her. The cover letter states my daughter has to sign this document so that the wife as the executor can probate the will in court. I don't understand. If my daughter is disinherited why does the wife/executor still need her signature? The cover letter states my daughter is an heir, but in the will she is disinherited. How can I contest this will? His family can attest to all the ways his wife manipulated my ex for 13 years and they can attest that this was not his intent as he confessed to them. SHe already committed some fraud with Social Security, the social security office told me that she told them he had no other minor children besides her son. She is trying to make sure my children do not receive a dime and everything was left to her. But I researched there is a law in GA called "One Years Support" that regardless what the will says minor children get 1 year's worth of child support. I am assuming I need a GA attorney.
There is one more issue. My ex was a police officer and was hit by a drunk driver driving a tractor trailer. He was in a coma and then died. Now there is a pending settlement from the drunk driver and I guess his employer. Is my son entitled to any of that money? Is my son entitled to anything else, such as his police pension. I want to know what I can ask for legally.
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am truly sorry for this dielmma

You can absolution demand that his estate pay the past due child support.
But not from GA. You will need to hire a lawyer in FL who can bring this to the probate court (if she is refusing to pay as required)

The same lawyer can help you contest the will. If you can demonstrate he was not of "sound mind" that would allow the court to void the will, and would make all of his children beneficiaries of his estate.

As for the settlement? That depends on WHO filed the claim to reach the settlement. IF the claim was filed on behalf of the estate, and if you can get the will tossed out? That would allow his children to benefit from the settlement.

But if the claim was filed by his current spouse (widow)? Then the children and estate would have no right to a settlement.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.