Ex spouse passed away. This is on fedex pension

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Ex spouse passed away. This is on fedex pension

My ex spouse passed away in December and I
loaned him 15,000 plus paid the bills for him
that cost me 35,000 that I get in my divorce
settlement. His pension is going into an estate
and I didnt know if I could be a part of the
estate

Asked on May 2, 2018 under Estate Planning, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the estate for the money. If you can prove the debt in court--which means not just that you gave him money or paid bills for him, but that there was a written agreement to repay you--then you can possibly get a court judgment requiring that you be paid from estate assets. Taking legal action against an estate has its own challenges, and you are strongly advised to retain a probate attorney to help you.


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