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Legalease, Lawyer
Category: Legal
Satisfied Customers: 16379
Experience:  15 years exp all aspects of general law
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My father died 5/13/2013 and was married 93 days before he

Customer Question

My father died 5/13/2013 and was married 93 days before he die with stage 4 cancer.( sick for 3 years). Was married at home due to he has so sick, my new wife friend. I saw if on facebook. She blocked the family from the hospital. She Did not pay the bills, house went back to the bank. She sold everything she could (trucks and farm equipment). My father has 3 asbestos case open. How do I get her out as administrator. My sister or I R not on the case. She said we will not get a dime. What to do
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.
Hello there ---Under personal injury laws if a lawsuit is filed the the estate of a deceased person, then the beneficiaries of any of that settlement money would be 50 percent to the surviving spouse and 50 percent to the children. If you want to stop that from happening and you want to get her away from the estate entirely, you will have to hire a probate and family law lawyer to take this matter into family court to seek an annulment of this marriage because he married her too close to the time of his death for him to be even really competent of what he was doing and there was no medical way in which she could have had the marriage consummated before he passed away. This is pretty much along the lines of a will contest in the probate court and you truly will need a local probate and estate lawyer to handle these matter for you . I have no doubt that you will be successful in these matters but you truly need to hire a lawyer locally to you in order to take the case into court and get this woman off of your father's business, case and life. -I hope that helps. Please let me know if you have further questions. If not , can you please press a positive rating under the chat session above so I will be paid for my time assisting you today. I am paid nothing unless you press a positive rating above before leaving the webpage. Doing so will not cost additional money -- it acts as the trigger to Just Answer to pay me for my time. After you press a positive rating above a bonus box will appear. While bonuses are not required, they are greatly appreciated. THANK YOU VERY MUCHMARY