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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34728
Experience:  16 yrs. of trial experience
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I live in FL and have a civil judgment lien in the amount of

Customer Question

I live in FL and have a civil judgment lien in the amount of $750,000. The debtor committed suicide three days ago. His life insurance beneficiary is his wife, from whom he was separated for two years. They had a trial date set for next month. He also had a small pension from a university. Is it possible for me to collect all or a portion of the life insurance benefits of pension?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 year ago.

As the judgment creditor, you can make your claim against the estate of the deceased.

And any assets within the asset can be used to satisfy the debt.

That said, a life insurance policy where the spouse is beneficiary will NOT be part of the estate. So you can not collect from that.

And the pension? If the pension is continuing to pay the estate you can make a claim against that money...but in the vast majority of cases, the right to receive the pension will end with death of the recipient...if that is the case for this pension there will not be a stream of income to attach

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.

Customer: replied 1 year ago.
I live in FL and have a civil judgment lien in the amount of $750,000. The debtor committed suicide three days ago. His life insurance beneficiary is his wife, from whom he was separated for two years. They had a trial date set for next month. They lived in CA when they filed for divorce. He also had a small pension from stanford university. Is it possible for me to collect all or a portion of the life insurance benefits of pension?
Expert:  P. Simmons replied 1 year ago.

Sorry...I just answered that question...did you not see the answer??

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.

Expert:  P. Simmons replied 1 year ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding
Phil