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My husband lied on our marriage license and said he was never married. After he died, his brother told me he had been married twice before and had at least one child. He left no will, insurance, estate or assets that I have been able to locate. I don`t know if the marriages were dissolved. Someone is threatening to sue me, as his spouse and beneficiary, for money they claim he owed them because of actions taken while he was executor of my mother`s estate. Could I be held liable.
No, it was his responsibility. Who is threatening to sue you and why ? A little more detail might help get a better answer.
No, but his estate would be.
Wouldn't it be the estate that he was administering that is subject to suit ? And if he just dispursed and didn't keep anything from that estate then it dies with him unless someone can prove fraud and he took possession of things that weren't his to begin with.Quote:
Originally Posted by ScottGem
My understanding is that he's now deceased. But if he is guilty of malfeasance as executor of an estate, then his estate may be held liable.Quote:
Originally Posted by califdadof3
That's my understanding too. But if he followed the rules then they have no case.Quote:
Originally Posted by ScottGem
Yes, if that estate is settled, there is no claim at all.
** and have no idea what his being married before had to do with this at all??
But if he died before the estate was settled, the court would appoint a new one to finish.
If not, they would have to make claim in court against the previous estate.
Life insurance is not part of the estate if left to you specificly.
Tell them to take it to court, that you are not over that estate and they have to take that up in probate court
As a sort of side question - does a lie on a marriage license make the marriage null and void? If so, bringing this situation to light could cause OP to lose any widow's benefits as she would no longer be the widow. I don't know if such a lie makes the marriage invalid.
You can lie about your age on a marriage license. You can even lie about what your name is on a marriage license. But you cannot lie about still being married to another person at the time the license is taken out. That is bigamy and that is illegal. She can't marry a man who is already legally married. This would definitely make her marriage null and void.
The person threatening to sue is a beneficiary of my mother`s estate. She was a friend and took over as executor when my husband died over two years ago. She has not sold any of the assets or paid any taxes. She claims that my husband failed to settle the estate and thus accrued interest on unpaid debts and taxes and committed fraud by removing money from the estate. She also claims he used her credit card after her death and removed money from the estate. He may have.Quote:
Originally Posted by califdadof3
An important fact is that I am deaf and consequently he handled all money matters because it was impossible for me to deal with much of this. He was very secretive and refused to disclose his own business matters and was very difficult and had a violent temper. He was acting very strange for some time before he died. (Long story but he had apparently suffered some brain damage as a result of combat injury and died very suddenly from a minor head injury). I was left with massive debt because he had stopped paying all credit cards, no house or car insurance because he had let them lapse, attempts to sell my house because of unpaid taxes. After she took over but has done nothing because she claims I must make up the losses. I have been unable to track any assets or benefits of his. They probably do exist but are not in this country.
I am aware that he would be liable if he were alive and his estate would be liable but there is no estate that I have found. The person threatening me is aware of this but claims I owe her because I was his wife. If money was taken from my mother`s estate, it didn`t benefit me as none of my bills or debts were paid during the time.Quote:
Originally Posted by ScottGem
He didn`t really follow any rules about anything during that time. I noticed he was very angry and upset about a lot of things but didn`t realize he was not functioning and that bills and payments that he had always made previously and kept track of very carefully, were suddenly being left unpaid.Quote:
Originally Posted by califdadof3
My assumption is - and it's purely an assumption - that this person is claiming you were a co-conspirator and/or profited from the proceeds which your late husband stole, probably by improved lifestyle. The money didn't have to go to pay YOUR individual bills in order for you to have some responsibility.
I would contact an Attorney because it is possible that criminal charges could be placed.
The person threatening me claims I am liable because I am his wife and beneficiary. There was no will and no estate I could locate. If he lied on the marriage license and the marriage is void, I am not his wife and not his beneficiary and I would think that would end the claim.Quote:
Originally Posted by Fr_Chuck
I haven`t been able to get any kind of widow`s benefits anyway. The marriage took place in another country. We never registered the marriage in our own country. He refused to talk about money or reveal any of his financial matters to me. When I tried to get him to talk about what would happen if he died, he became angry and was convinced he would live longer than me as he had survived so much when he was in the military (also in another country so no benefits) and seemed to think he would live forever. I know that makes me sound like an idiot to have accepted it but he refused. He was really good at handling things until around the time my mother died when he apparently had a stroke himself and started to do strange things. (He stopped opening mail and I found bundles of mail including uncashed cheques in weird places all over the house).Quote:
Originally Posted by JudyKayTee
That is probably what the person thinks although they should know it isn`t true. They were with me when I returned from the hospital when he died and went through his desk and found mountains of unopened mail in weird places like his shoe cupboard, garage, laundry room, etc. a demand from the city to take the house because of unpaid taxes and the lapsed insurance. They know I was in desperate financial situation and had to cash in everything I had to pay off the demands.Quote:
Originally Posted by JudyKayTee
First, how long did your husband act as executor prior to his death? Second, you mentioned not registering the marriage in your country. Most counties have reciprocal arrangements so a marriage in another country is recognized. But that also begs the question of what country you are in. When dealing with legal issues, area you live in can be if vital importance.Quote:
Originally Posted by Boetie
I don't think this person has much of a case. She is going to have to prove that your husband looted the estate and that you were a party to it. Not properly settling the state might make him liable but since he died with no visible estate it ends there.
I do agree with Judy, you really do need to consult an attorney to help you deal with this properly.
Quote:
Originally Posted by ScottGem
He acted as executor for about two years before he died. It has now been two and a half years since the new executor took over.
I live in Canada. The wedding took place outside of Canada. Under normal circumstances, I believe the marriage would be legal here. As in most places, a certified copy of a divorce degree was required if one of the parties is divorced and that of course was not supplied. We were also married in a church that requires any divorced person to have special dispensation to remarry and that of course was not provided. I understand why this person feels the way they do and if he were alive or had left an estate, I can understand that he would be liable but I feel I am a victim as well.
Ok two years is a bit of time to not settle an estate, but its also not unreasonable if the estate is complex. By the way who are the beneficiaries of the estate? How did your husband come to be executor?
But the current executor is going to need to prove that a) he did commit malfeasance in administering the estate and b) that you were aware of it and benefited by it. I would simply tell her that you had no knowledge of what he was doing and therefore have no liability. Tell her if she thinks she can prove those two things, then file suit.
That sounds like good advice. He became the executor because he handled all the finances for both my mother and me. As I mentioned, I am deaf and that made dealing with phone calls and banks, etc. a hassle. I also wasn`t well during the time leading up to this and had four major surgeries in six years. I was unable to walk for long periods and on very heavy pain and other medications. As I far as I knew, he did everything correctly. Previously he was very military about everything, with endless details and schedules and records. I have been told I should have been more diligent about checking but I was just so glad to have someone handle things for me and was not in a position to challenge anything that was happening around me. It was such a complete shock to find out that nothing had been paid and I owed so much in interest to credit cards, etc. because there had been no payments made for so long. You know the saying that no good deed goes unpunished, it is ironic that it was my husband who talked my mother into making this friend her beneficiary to help the friend out after assuring her that I had no need of anything because he was able to provide for me.Quote:
Originally Posted by ScottGem
I knew nothing about any possible fraud on his part until a few months ago when I received a letter claiming I, as his spouse and beneficiary, owed the estate money. His death was caused by a very minor head injury but it was suspected that there was previous bleeding and he did survive hitting a landmine in a jeep many years before. It doesn`t alter the fact that I know now that he lied to me about important things (like two previous wives and at least one child) and that was obviously intentional but I really don`t think someone who carefully collected the mail everyday (magazines, cheques, bills, Christmas cards, etc.) and put in the laundry room or clothes cupboard unopened can really, in all fairness, be accused of malfeasance either.
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