Legal Question in Wills and Trusts in New Mexico
Children's Inheritance
My former husband, father of my four children, recently passed away. In our divorce decree, it said that he was supposed to have a $100,000 life insurance policy to pay his child support obligation until the youngest child emancipates. It says if there isn't such a policy at the time of his death, his ''estate'' would satisfy the obligation. I would be the ''trustee''
His wife says there was only a small policy that she is using to pay his medical bills, then the rest she is supposedly putting into savings accounts for them to have when they are 21.
How do I try to get the money my children are entitled too? What will be involved in the process?
Also, I never got my half of the 401k when we divorced in January 2005. Is it too late to try and get that, too?
1 Answer from Attorneys
Re: Children's Inheritance
You will have to file a probate and assume control of the assets of your former husband's estate under the terms of the divorce decree. Contact an estate attorney in the town in which you live. Get recommendations from friends or from the NM Bar Association located in Albuquerque.
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