Legal Question in Wills and Trusts in Tennessee

Can I file a claim against my fathers estate

my father passed away 3-26-2006. he was in the middle of a divorce (she filed) and was told not to change his beneficary while the divorce was pending. my father lived with me for the past 7 months. i provided all the care for my father who was terminally ill with cancer. his estranged wife is getting the 15,000.00 life insurance. can i file a claim against his estate for his room and board and care. and also do we have to return his personal items that were his before the marriage to her. she served him divorce papers in the hospital. he really wanted me to be the beneficary, i have proof of that. is this a way to get some of the life insurance she's getting?


Asked on 4/01/06, 5:24 pm

1 Answer from Attorneys
LAURA TEK LAW OFFICE OF LAURA TEK

Re: Can I file a claim against my fathers estate

You can always file a claim against your father's estate. The problem is that there may not be any assets from which to get paid. Is the life insurance payable to "her personally' or "to the estate'. If it is paid to "her personally" then the insurance money is paid directly to her and not the estate. If that is the case because the money would pass OUTSIDE of probate, then there is nothing you can do about that. However, if he has any other assets you can assert a claim against those.

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Answered on 4/02/06, 12:57 pm


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