Deceased ex-husband

Deceased ex-husband

My ex husband died 5 years ago. He left my girls something in his will. We just found out a week ago. His new wife told the judge that she could not find them, but she called and wanted them to sign papers on insurance and about the house. She told her sister-in-law that my girls were not getting anything if she had something to do with it never saying anything to my girls.


If your property settlement agreement with your ex husband required that he maintain life insurance for your daughters, or was required to provide other provisions for them in his will, you should retain a probate litigator to pursue the claims. If your ex-husband's second wife wanted your daughters to sign "papers" those documents may have been receipts and releases which are commonly used in the probate of estates for a beneficiary to acknowledge the receipt of property distribution and the release of the executor of the estate. If they sign releases it will make it more difficult to pursue a claim so "papers" should not be signed until they have had an attorney review them. Finally, it is also quite possible that your ex-husband's will may have left more for your daughters then even a divorce property settlement agreement required. You need to find out what the will provided, what his assets were, and what they were really entitled to. If your ex-husband's new wife was named executrix and did not provide your daughters what they were rightfully entitled she would have violated her fiduciary duty. Get a lawyer and try to find out what your daughters are entitled to, if its anything more. You need to act quickly as there may be strict time limitations on the time period during which your lawyer can bring an action on your behalf.

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