Soc, need some help, concerning the death of the NCP

[whippertizzy]

Hello, Maybe you remember me, I have asked you a few questions in the past couple weeks.  I had mentioned DH had to have surgery. He died from a complication. He had no will, just some bills. I have a few questions.

DH's daughters are 6 and 7.  His EX has already been to the social Security office to get their benfits.  She needs the death certificate, which will not come out for 10 weeks because they are doing an investigation.(They think the surgeon made a mistake and have to handle this sort of thing very carefully)

His EX called me and informed me that she had hired a lawyer and was convinced I was hiding assets and that I was just refusing the death certificate. I am not hiding anything, he had nothing to hide! All his money went to her and her kids for crying out loud.

1. I have no issues with taking a certificate to her when the time comes, but can she get her own copy? She has already tried to do something shifty in the past which involved her pretending to be me. The last thing I want is her being able to do anything else aside of get the benifits that are rightfully her childrens.

2.She said her lawyers could get a copy without my consent and she could do as she pleased. Is this true?

3. I am finding out that he had some insurance where I am the benificiary. Do her children have any claim to that?

4. She is going on and on about how I owe for his back child support, I know that can't possibly be right! Is it?

[socrateaser]

>1. I have no issues with taking a certificate to her when the
>time comes, but can she get her own copy? She has already
>tried to do something shifty in the past which involved her
>pretending to be me. The last thing I want is her being able
>to do anything else aside of get the benifits that are
>rightfully her childrens.

My condolences. You need to locate a personal injury attorney and investigate the possibility of a wrongful death/malpractice action against the physician/hospital/anesthesiologist, etc. Don't wait. Evidence may disappear, and memories fade quickly in situations like this. You and the the other parent, and the children, may have a joint interest in persuing this action.

Next, if the children's mother was previously married to your deceased husband, then she has a derivative right to Social Security benefits, that does not affect your rights, or the rights of the children.

As far as the mother getting her own copy, a death certificate is public record, so if she wants one, she can get one.
>
>2.She said her lawyers could get a copy without my consent and
>she could do as she pleased. Is this true?

See #1 above.

>
>3. I am finding out that he had some insurance where I am the
>benificiary. Do her children have any claim to that?

The children have the right to be supported by the estate of the deceased. If the insurance proceeds, become vested in you as beneficiary upon the insured's death, then that is your separate property intererst, and, as it is not part of the estate, neither the mother, nor the children, can make a claim against it, unless there is some law in your jurisdiction that makes you personally responsible for the childrens' support.

>4. She is going on and on about how I owe for his back child
>support, I know that can't possibly be right! Is it?

The ESTATE owes on any arrears, if such arrears have been liquidated into a judgment, prior to death. If the arrears are not liquidated into a judgment at the time of death, and the deceased died intestate (i.e., without a will), then the mother will need to get a judgment of arrears and ask a probate court to enforce it against the father's estate.

However, the intestacy laws of your state may (and probably do) give MINOR children rights to some portion of the deceased's estate, so if, for example, you owned real property with your husband, and title is held as joint tenants, then it is possible that the law may intervene and give those children some right to the property.

Your facts state that your husband had no money, however, if there are joint accounts with some asset value, I would immediately turn them into cash and then open new accounts with that cash.

This wouldn't prevent a court from ordering you to return some portion of the money to the children, but it would prevent the court from ordering any existing accounts frozen, without your prior knowledge.

Once again, if there's no money, then there's no real issue. Obviously, if ther IS money, then that's an entirely different story.

[whippertizzy]

Thanks soc. There really is no money except like 100 bucks in a joint account.

He had nothing of value aside of some DVD's and his clothing.

1. They aren't going to take that away are they? I mean it has to be worth practically nothing.

[socrateaser]

>Thanks soc. There really is no money except like 100 bucks in
>a joint account.
>
>He had nothing of value aside of some DVD's and his clothing.
>
>1. They aren't going to take that away are they? I mean it has
>to be worth practically nothing.

Nope. I think you're safe enough.