Legal Question in Wills and Trusts in Virginia

My father just passed away on 10/05/2009. He was married three time. His first wife is my mother. I am his oldest child. His third wife is his widow. They have no children between them. His 2nd wife claims that their divorce decree entitles her to half of his retirement. She is now suing his estate. (she is the mother of my brother) Dad retired in Jan. of 2009 and it was well known that he was retired, he was forced to due to his failing health. If she did not pursue her rights to his retirement THEN, and it is now 10 months later and he is deceased, what legally allows her to sue his estate? Hasn't she forfeited her rights? We live in Virginia.


Asked on 10/16/09, 12:32 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Merely because this individual is suiing your deceased father's estate in no way necessarily implies that she has a legally sound basis for doing so or that she will necessarily prevail on her claims(s). Furthermore, if in fact this suer may have forfeited any of her claims to your father's retirement pension--for whatever reason, the court hearing the matter should be able to make that determination and rule on her case, accordingly.

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Answered on 10/21/09, 1:50 pm


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