Question
What is the name of your state? Virginia....My husband died last month.. we have been separated ( no legal documentation) and i was receiving spousal support and he carried me on his health insurance. He did not leave a beneficiary on his company's group life insurance.. All children are grown. his brother filed with the insurance company and told them we were divorced (therefore they will not give me any info) which we were not. I have sent away for marriage certificate. What are my entitlements as a separated spouse and can his brother legally be in charge of my husbands estate?
Answer
Check at the county courthouse probate court to find out whether your husband left a last will and testament that is filed for probate by the brother.
As long as you are not officially separated or divorced from him, you are still considered as his legal spouse. At this point it looks as if the life insurance money is going to the estate, which you will be entitled to a certain portion of the estate. You need to be talking to a local probate attorney to find out what your share of the estate will be if there is no will.
DANDY DON IN OKLAHOMA (tiekh@yahoo.com)