QUESTION
Will Insurance policies and bank pay off to adult children?
Asked on May 01st, 2016 on Wills and Probate - Georgia
More details to this question:
Husband finding out he was ill, and would become disabled in future divorces lazy wife and marries a nurse, ironically an expert in field of his illness.Nurse had no knowledge of illness,sells almost paid for home to go into brand new home,and finds out from VA documents.Months after marriage he written a will to leave all to adult children(no help but hands out for money) VA benefit check to nurse.He has insurance on nurse,but too ill for her to ever have on him.Nurse has to finally quit her job and devote her life to becoming a FT caretaker.After almost a decade,and experiencing how SLOW VA is,I am afraid I will be left with a huge mortgage and his huge vehicle payments with no bank account or insurance coming to me.We married in our 50's so no joint accounts, but my Roth says he has to be on it that existed BEFORE I was married! I need some legal advice on my question above please. I am now bitter AND scared
1 ANSWER
4 Awards
I hate to say this, but if your husband dies with the planning you describe in place, then yes, you may well end up with few, if any, assets coming your way. Your best option might actually be a divorce, where you could acquire rights to some of his assets under a property settlement. But, in Georgia, property claims that exist in a divorce context cease to apply after one of the spouses dies if the divorce is not final before that time.
You may be better off consulting a divorce attorney instead of an estate planning attorney. If your husband is willing to change his planning, and still competent to do so, then he should consult an estate planning attorney. Best wishes to you.
Answered on May 12th, 2016 at 5:52 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.