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Father Trying to Attain Assets from My Mother's Estate - I Think Expired

Discussion in 'Alimony & Spousal Support' started by LordX, Nov 2, 2019.

  1. LordX

    LordX Law Topic Starter New Member

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    Jurisdiction:
    Missouri
    My question involves a child 'support' case from the State of: Missouri

    Hello, I have an interesting issue happening with my Mother's estate. She recently passed, and I am her sole trustee. My mother and father had been divorced for over 20 years when she passed.

    Out of the blue, my father called me and said that he is owed $150,000 from my mother's estate, because they agreed to 'take care' of each other in the event one of them passed. He sent me a scan of the pertinent page from their divorce agreement.

    Another pertinent fact: My younger brother Daniel is now 30 years old.

    After carefully reading the page multiple times - I am of the opinion that this was a 'child support' life insurance policy setup so that if one of my parents died while my brother and I were minors, that there would be coverage for the other parent in their life insurance policies.

    Section A (in my opinion) - clearly shows that this requirement ENDED when my brother turned 22 years old.

    I think that my father is misreading the LAST sentence in Section B - which says: "Such obligation shall remain in effect despite the remarriage of either party and shall terminate upon the death of the beneficiary." - I think he is reading it as "terminating on the death of the INSURED" - which would make no sense, since Section A clearly laid out an expiration for insurance requirements.

    I interpret that last sentence in Section B the following way: If my brother and I were still minors, and my mother had re-married, if she had passed away at that time, her estate would have owed my father $150,000 - but my FATHERS obligation would be terminated because of the death of his beneficiary (my mother).

    Any thoughts on this would be appreciated. I put this in this category because I felt that the life insurance requirements on this were a part of 'child support' coverage.
     

    Attached Files:

  2. army judge

    army judge Super Moderator

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    The thoughts of anonymous strangers are useless and unnecessary; especially where a fiduciary duty, legal obligation, or significant amounts of money become involved.

    I suggest you hire an attorney to assist you with properly administering your dearly, departed mother's estate.
     
    justblue likes this.
  3. Red Kayak

    Red Kayak Active Member

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    It'd be interesting to see if he'd maintained a $250K life insurance policy with your Mom as a beneficiary, up until her death...
     
  4. LordX

    LordX Law Topic Starter New Member

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    The estate attorneys are trying to pull the entire divorce agreement, but that takes time. I wanted to be versed in possible issues that could arise before they pull the file.
     
  5. army judge

    army judge Super Moderator

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    If your attorneys are addressing the matter, sit back, relax, and allow them to earn their retainer.

    You hired them because they are qualified to best serve and protect your interests.

    Once the information has been perused, you can ask your attorneys anything you wish.

    No need to muddy the waters with the babbling of uninformed strangers.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    No it doesn't. You can visit the courthouse and get a copy of the decree in the same visit. Do that and get your own copy. Have a couple of extra copies certified.
     
    Red Kayak likes this.
  7. army judge

    army judge Super Moderator

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    The thing about divorce decrees, most people overlook, is that the decree is only applicable between the divorced parties.

    Whatever the decree stipulates or orders, applies solely to the former spouses.
     
  8. zddoodah

    zddoodah Well-Known Member

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    Trustee? Are you sure that's what you meant to say? In other words, did your mother create a trust of which you are now the trustee? If that's not what you meant, please clarify.

    This is pretty simple. Your mother did not owe, and your mother's estate does not now owe, your father anything based on the two paragraphs of your scan. Those paragraphs concern an obligation to maintain life insurance for the benefit of you and your brother, and that obligation terminated when your brother turned 22.

    I disagree. It is highly unlikely that most courts will have files relating to 20 year old cases available for immediate public viewing. The file is probably stored at an off-site location, although it's possible that it has been scanned.
     
    Red Kayak likes this.

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