Legal Question in Family Law in Ohio

Collecting alimoney after death of exhusband

My separation agreement states I receive one year of alimony after the death of my exhusband. How do I collect this money and what amount do I get? The original amount or the reduced amount now that he is on social security? The separation agreement just states ''one year of alimony'' no amount is mentioned.


Asked on 3/30/03, 10:54 am

3 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Collecting alimoney after death of exhusband

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Start by contacting the lawyer/executor/administrator in OH who is handling your husband's estate. Depending on what s/he says, you may or may not need to hire an OH lawyer to represent your interests.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 5/11/03, 11:19 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Collecting alimoney after death of exhusband

It is unusual in California to have a Judgment state that spousal support payments shall continue for 1 year after the death of the payor spouse. I suggest having the underlying Judgment reviewed by an experienced family law lawyer.

Good luck to you.

Brian Levy, Esq.

www.calattorney.net

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Answered on 3/31/03, 1:24 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Collecting alimoney after death of exhusband

if you can give me additional facts, i may be able to assist you legally. let me know when the agreement was executed, if you are currently receiving spousal support and amount, and if your husband is still alive or is deceased. there is a formula the court uses to determine support payments as well as various options on how to recover what you are entitled to directly from your husband and/or his estate.

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Answered on 3/30/03, 1:27 pm


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