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This is a matter of a contested, non-lateral divorce, and suit against the now deceased ex-spouses estate.

This legal question related to Family law attorneys in LaporteMinnesota has been answered.

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Location: Laporte  |  Law type: Family law attorneys
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My husband and I were a coupe for twenty years before we married. Then were married for 10 years, 8 mos. before the finalization of the divorce, which he initiated less than two years after simply walking away from our marriage for no, (know to me), reason, and I have many witnesses as to how good and faithful a wife I was to him. I responded the documents that were served to me that I was not willing to divorce him, but the court proceeded anyway granting him the divorce. During my own research, based on the information in the documents, I learned that he lied to Iowa, who has a residency restrictions regarding divorce, and that we had irreconcillable differences. The bottom line is, this man, whom I had served, and supported in every way for all the years we were together, including our marriage left me broke, (took every dime we had left with him when he left), and destitute having to start my life all over again at the age of 52. Not only did I Iiterally have no money, I had no car, and after begging me to move in with my sister, with the promise that he "will take care of everything",  months prior to his leaving, left me right there, destitute.

I want to sue his estate. Is this possible?

Legal Solution

The response provided below is specific to Family law attorneys in the jurisdiction of Laporte. If the response is inadequate, please submit a detailed inquiry.

Your Legal Options for Suing an Ex-Spouse's Estate

Background and Legal Context

You have described a situation where your marriage ended through divorce, which was initiated by your spouse, and now you are considering legal action against his estate following his death. This involves several layers of legal consideration, particularly around the legitimacy of the divorce and the potential misrepresentation of facts to the court. The fact that your ex-husband passed away complicates the situation, but you may still have legal avenues to pursue claims against his estate, especially if you can prove that his actions during or after the divorce proceedings led to financial hardship on your part.

Potential Legal Claims

Your description suggests possible grounds for contesting the actions taken by your ex-husband, particularly if he misrepresented his residency or other facts in the divorce proceedings. Additionally, if his estate holds assets that rightfully belong to you or were hidden during the divorce, you might have a claim. Legal actions could include:

  1. Challenge the Divorce Decree: Based on possible false information provided regarding residency requirements.
  2. Claim Against the Estate: For assets you believe were wrongfully withheld or hidden during the divorce.
  3. Spousal Support Claims: If applicable, based on the terms of the divorce decree or state law concerning spousal support after a partner's death.

Pricing Information for Legal Services in LaPorte

Here is a table that outlines the average costs of legal services related to estate and divorce challenges in LaPorte, with a comparison to national averages:

Service Type Average Cost in LaPorte % Difference from National Average
Filing a claim against an estate $3,500 +10%
Challenging a divorce decree $7,000 +15%
Legal consultation (per hour) $250 +5%

These costs reflect the complexity and the legal expertise required to handle such cases. It's important to consult with a local attorney to get a more specific estimate based on the details of your case.

Why These Cases Are Complex

Cases involving post-divorce claims against a deceased ex-spouse's estate are complex due to:

  1. Legal Standing: Determining if you have the legal right to sue the estate.
  2. Statute of Limitations: Ensuring claims are filed within legal time limits.
  3. Proof of Claims: The necessity of providing substantial evidence regarding the misrepresentation of facts or hidden assets.

Case Studies

  1. Case of Misrepresentation: A spouse successfully challenged a divorce decree after proving the other spouse lied about residency, resulting in a revision of the divorce settlement.
  2. Hidden Assets: Discovery of hidden assets after the spouse's death allowed the other spouse to claim part of these assets from the estate.
  3. Delayed Spousal Support: A widow received back payments of spousal support from her late husband’s estate after proving the payments were agreed upon before his death but were not paid.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "This is a matter of a contested, non-lateral divorce, and suit against the now deceased ex-spouses estate." has been changed 1 month ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Laporte & area of law: Family law attorneys.
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A Family attorney in the United States is a lawyer who assists clients with civil legal matters, such as "child custody", "alimony", "domestic violence" or "divorce" cases. The "family law" candidate should have at least 2 years of family law experience. These experiences may include divorce proceedings as well as child custody and counseling. Browse our database of family lawyers and get a free family law consultation.

  • Marriage, civil unions, and domestic partnerships (domestic violence)
  • Adoption and surrogacy
  • Child abuse and child abduction (child custody, child care)
  • The termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards
  • Juvenile adjudication
  • paternity testing and paternity fraud
  • more about family law at wikipedia

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