What to do ifI did not pay my deceased boyfriend’s alimony as per his requestwhile he was in hospice?

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What to do ifI did not pay my deceased boyfriend’s alimony as per his requestwhile he was in hospice?

My boyfriend died recently after being in hospice for 3 months. During that time, he did not want me to pay his alimony. He wanted me to have the money instead and signed checks to me. His ex-wife called and left a nasty message saying that she was going to contact a patient advocate and have me charged with fraud. Will she be able to do this? I am a bit scared.

Asked on January 25, 2011 under Criminal Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your loss.  If you had Power of Attorney and paid yourself instead of his ex then I would worry.  But if your boyfriend chose to ignore the award and give you checks,  I fail to see how that was fraud on your part.  If his ex wants to bring an action against the estate to set aside the transfer of funds on the basis of undue influence of you upon your boyfriend while he was in a weakened state (that would be her argument) then let her.  Otherwise she has to sue his estate for the money. I would not do too much with the money just yet until you know where she is going with it all.  Good luck.


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