QUESTION
What options does wife #2 have to make sure wife #4 doesn’t get anything except the vehicles they shared?
Asked on Mar 03rd, 2013 on Divorce - Michigan
More details to this question:
My father-in-law passed July 2012. He retired from the railroad, was married four times and has 5 children. He was married to wife #2 in Indiana (mothered 3 of his children) and filed for divorce 1989 (not 100% sure that was the year) then 'remarried' twice after. Ten months before his passing, he moved out of the home that he and wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wife 3&4) but had wife #4 as benefactor on all of his accounts (retirement, life insurance etc.) Well wife #2 filed for a portion of his retirement benefits, turns out that she and father-in-law were never legally divorced. The railroad recognizes wife #2 as his legal spouse and has taken wife #4's name off his benefits. I'm not 100% sure where a majority of his benefits are, but I do know his total assets amount to approximately $3.5million. Before Father-in-law passed, he stated that all of his money was in stocks and bonds. I do know that the railroad offered him a lot of stock as part of his retirement, is this counted as his retirement benefits from the railroad or would this be in an investor account? Sorry this is so long winded and complicated. It's been a nightmare for my husband & his siblings.
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, the nightmare will probably continue. It sounds like somebody needs to hire an attorney to make sure they are protected. But in the great scheme of things, what does it matter to the siblings as to who gets the retirement benefits? #2 or #4, the kids aren't getting them, so let it go. If the siblings do not have an attorney, they should call the Idaho State Bar and get a referral. If the personal representative knows what he or she is doing, it may not take much effort on the part of the siblings attorney.
Answered on Mar 06th, 2013 at 2:06 AM
John Arthur Smitten
This is a nightmare probate scenario and you need to retain counsel asap.
Answered on Mar 06th, 2013 at 2:00 AM
Family Attorney serving Little Chute, WI
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Van Hoof Law Firm LLC
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WOW, you do have a mess on your hands! Where did father-in- law die? Is wife #4 still living? In investigation may be necessary to see how the stock benefits were owned as well as the validity of the marriages and divorces. Since all of the children have the same interest, they could probably hire one attorney to represent them all. If, in fact, he was never legally divorced from wife #2 may not negate wife #4 right to receive benefits. I am unaware of where you are located in Wisconsin but I definitely recommend your husband contact an attorney.
Answered on Mar 06th, 2013 at 1:48 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You obliviously have a mess and need, with your other siblings, counsel. There cannot be even a general answer in cases like this.
Answered on Mar 06th, 2013 at 1:46 AM