Legal Question in Family Law in Massachusetts
EX hid $53,000 from spouse before divorce was final
My ex-husband and I separated in 1999, no legal separation was filed. Months later, he won a wrongful termination lawsuit, received $53,000 but never told me about this. We divorced in 2001, he died 3 mos later. His brother was named executor of the estate. In 2004 the IRS found he had not reported this lawsuit award, this was when I found out he hid the settlement from me. The money was probably spent by his brother, but do I have the right to sue for the lawsuit money he recieved and never told me about since we were still married but living apart when he received this money?If so, who do I sue for this hidden lawsuit award, his brother, who was the estate executor?
2 Answers from Attorneys
Re: EX hid $53,000 from spouse before divorce was final
Check you divorce decree and see if it says if anything is not disclosed you can go back to court. Texas - right? If award was for lost wages or somthing having to do with income it is 1/2 your community property if earned during marriage. If for personal injury it was his separate property and not yours. I'd make a claim.
Re: EX hid $53,000 from spouse before divorce was final
Hi & Thanks for Writing -
My name is Len Foy and I'm with Gould & Gould, we have offices in Massachusetts and New Hampshire. One question I have is whether the Massachusetts probate matter is still open - do you have a docket number or the county in which the probate case was initiated?
If you have probate docs. feel free to fax them to my attention, I'll give you my opinion as to your options. Our fax # is (603) 437-8881.
Regards & Good Luck -
Leonard W. Foy III, ESQ.
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