Death of spouse with litigation pending


#1

My mother’s estranged husband died last week. Proceedings lasting over 3 years and no divorce. He spent what was classified marital assets, but nothing was ever done. Court ordered 50,000 held in trust, but to date, only 3800.00 in the fund. I don’t really know what I am asking, but Orders came through today that neither party was to dispose of assets (again!) although the man is dead!

They had a pre-nup, but I am unsure if it specified anything concerning wills. Anyway, what are my mother’s rights as his widow? Since 50,000 was ordered, can it be collected from life insurance, the estate?? Is there anything we can do to prevent his children from spending whatever is left of his estate? Our lawyer is NO help and said probate would take forever. What is the deal when one spouse dies? Actually, I think my mother may be better off a widow. She can get higher social security plus VA benefits as his WIDOW! Sorry I cannot be more specific. Just too convoluted to explain. Thanks.


#2

The ED action will continue with his exectutor as a party. The court may award a 50k distribution from his assets to make up for what was wrongly spent, though it will not be made from and insurance policy if another beneficiary is named.