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My husband is 72 and finally retired for the 3rd time in Aug…

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My husband is 72 and...
My husband is 72 and finally retired for the 3rd time in Aug 07. He had a fairly large income from his company and also draws social security , has a monthly pension
check as well as a fairly lrg retirement from the air force . He also has close to $100,000. In a 401k which of course I have no access to . He could spend it all , draw it all out and put it in his daughters name and I’d never even know it . I will be 68 in December and have a very small income from disability. My husband made many promises prior to the marriage but none of them were kept . I know nothing about our finances , I don’t know to what financial institute his wages went to but I’m sure my name is ***** ***** the account unless “by chance” he made me beneficiary if were to die but I’m not even sure of that . He refused to take out any life insurance to take care of me in his absence even knowing that I will have no income or benefits other than my small income . I would not be able to keep anything as I could never make the payments. Even though he could pay for things outright with his money he finances everything knowing I’d loose it all if he died . I have gone along with this in the blind faith that he has he has made financial arrangements on behalf in case of his death but I have never seen any proof of that . He was giving me an allowance of $800 per month and with that I pay all of my bills , medication, buy birthday & Christmas gifts for my children and grandchildren. I also pay for or at least help them with airfare so they can visit or so I can go back to KS to visit them . When he retired he bought a new travel trailer and truck as he plans to travel now . When he did this he took $400 of my allowance saying he needed it to make the payments on them . Now I’m trying to pay for a $6000 dental surgery/ new dentures , our furniture I bought and all of the rest of my bills on $400 less a month . He sees that I’m struggling to do this each month but still refuses to restore my previous allowance amount . I’m very angry over this as I sit and watch him buy anything he wants while I’m now cutting my own hair . Im at the age now that I can no longer trust my future to him and the only way I’ll ever get anything from him is if I file for a divorce.. we have been married for 8 years and I’m afraid that due to the length of our marriage I wouldn’t be awarded anything and I’d only put myself in a worse position. Can you please give me some advice as to what is the best thing I can do in my position so I don’t end up in the street with no vehicle should he die . He’s in good heath so I don’t look for that to happen anytime soon . In fact I will probably die long before he does . I just don’t know how long I can continue to live with all of these uncertainties. Two of my doctors have told me I must be as stress free as possible because my heath is beginning to suffer . Help please . Sandra in Florida
Submitted: 4 months ago.Category: Legal
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Answered in 11 minutes by:
3/12/2018
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,659
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 4 months ago

I'm terribly sorry to hear this;

fortunately FL has what is called the "elective share" which is designed precisely to protect spouses. Basically the surviving spouse is entitled to 30% of the decedent's assets per the following statute:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.2075.html

This is designed to ensure that one spouse cannot disinherit another, as that is against public policy.

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Lawyer: legalgems, Lawyer replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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