Legal Question in Family Law in Massachusetts

Hello-

My husband is in critical condition in the ICU. We are estranged, not legally separated or divorced. I was told that I needed to find a lawyer who could help get a court order to allow me access to his funds as I am in desperate need of the child support he was giving me. There's also a question of unemployment benefits he was applying for. No one in the family is sure if he ever completed the process. Will the Unemployment Office be able to give me information as his wife?

I am getting very worried and scared as I cannot support 3 children on my pay alone. I obviously would not be able to afford a lawyer unless I were able to get access to his funds.

Thanks in advance for any assistance you can provide.

Maura Rosenbeck

P.S. I am not sure I chose the correct branch of law from the drop down below. I apologize if I have made a mistake.


Asked on 2/09/10, 11:39 am

1 Answer from Attorneys

You need an attorney to file a Petition for Temporary Guradianship. It is a probate matter more than a divorce matter. As his wfe even if you are living apart you have certain rights as well as obligations. I suggest you contact a probate attorney in your area or call me ASAP.

Do you know if your husband ever executed a Durable Power of Attorney? if so, do you know who has that power? This person will be reponsbile for making sure his financial obligations are met as well as taking control of his accounts.

Assuming no one has such power, then you need to Petition for Temporary Guardianship.

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Answered on 2/14/10, 2:08 pm


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