Legal Question in Wills and Trusts in Virginia
filing a claim against an estate
My ex-husband passed away on 09-07-00. Four sons (two from a previous marriage) were joint beneficiaries of a FEGLI policy. His Will supposedly left everything else to a current spouse of four years. According to our Divorce Decree filed 01-03-91, a life insurance policy was to be held in the amount of $115,000 as long as there was a minor child that my ex-husband was legally responsible for (my youngest son's birthday is 02-28-86), along with a $35,000 life insurance policy in my name as long as there was a minor child that my ex-husband was legally responsible for. Called the insurance company and found that this policy had been cancelled 10-92!!!! Also, according to the Divorce Decree, I am to receive $400 per month for 14 years. Filed a claim in Virginia with the Commissioner of Accounts, who recommended that I contact the executor of my ex-husband's estate, his current wife; however, she has not responded to this claim as of to date. Need to know how to proceed and how to obtain Virginia counsel if required. Thank you for your time and consideration in this matter.
1 Answer from Attorneys
Re: filing a claim against an estate
It is not clear from your description whether the FEGLI policy was one and the same as the $115,000 policy, or who was to be the beneficiary of the $115,000 policy, but your claim for the $35,000 life insurance proceeds and the unpaid support should be made via certified letter to the executor with a copy to the Commissioner of Accounts. If there is property in his estate to pay debts, your claims have to be taken into account. Also, a support obligation as it becomes due and unpaid creates a judgment by operation of law, so you may be able to assert a lien against any real or personal property your ex owned.
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