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Submitted 147 days ago...

coleyfish198

coleyfish198

New User (1)

Whos entitled to this money?

My father passed away in Oct08, he filed a disability lawsuit in 05 and it just got approved this month. I was left in charge of all his unfinished business since i am his oldest daughter. BUT he was still legally married! They were estranged for at least 5 years she had nothing to do with the funeral, i was in charge of his remains and all the decisions, but now that we're getting a settlement, is she going to get any of it? if she is entitled to any of this money, if so how do i fight it? She was an alcoholic who had nothing to do with my father for years, and the only reason they never filed for divorce is because they couldn't afford it. He was disabled, homless, and didnt own anything so there was no will. i was in charge of filling out the disability paperwork and talking with the disability lawyers, so who gets this money?

nicole, 25, chicago, IL

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Answer 1 / 3 - Submitted 133 days ago...

SRDEsq

SRDEsq

Brain (3,690)

The past social security disabilty settlement belongs to the estate. If you father left no will, then your state law will apply for those that die intestate (withotu a will). Some states the remiander goes to the wife, some states it is split between children and spouse. Without knowing your state, I cannot answer further. It is shame, that knowing he may have won his SSDI, he did leave a will.

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Answer 2 / 3 - Submitted 133 days ago...

SRDEsq

SRDEsq

Brain (3,690)

Correction: I meant to type: did NOT leave a will.

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Answer 3 / 3 - Submitted 133 days ago...

zsikder

zsikder

Brain (7,110)

It is better to contact with a lawyer who can help you in this regard a lot.

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