If my wife and I were estranged/separated when she died, who is responsible for her estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my wife and I were estranged/separated when she died, who is responsible for her estate?
My wife and I were separated/estranged when she passed. I took full custody of the children and allowed her mother to become the executor of the estate since there was no Will. There were 2 insurance policies – 1 to me and 1 to our oldest daughter. What finances my wife had I was unaware of but my mother-in-law’s lawyer is claiming because I received insurance money and have custody of the kids who are the heirs to the estate that I am financially responsible for all the legal fees. Is that correct and what am I responsible for?
Asked on August 27, 2016 under Estate Planning, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
He is wrong. The *estate* is responsible for the legal fees--being a beneficiary, or having custody of the beneficiaries (that is, your children), or receiving life insurance proceeds, does not make you responsible for the estate's fees and debts; rather the estate itself is liable for them. Of course, if your children are the only heirs, then anything spent by the estate will, unfortuantely, come out of the money they would otherwise inherit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.