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Can his Ex-Wife Cash-In on Estate Funds?

Anonymous Asked:

My husband and I have been married 15 years and we have one child together. He has an ex-wife with two teenage children, one with a disability. He pays child support for both children. Could she have any potential financial claim to his estate should he pass away (even though they released each-other from such claims in their divorce agreement??) I am his beneficiary on all accounts but am wondering if she could contest his will on the grounds that she has to continue to support the child with a disability throughout adulthood.

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A Family Lawyer
10 years ago

As to the releases contained in the Agreement, it would appear that notwithstanding those releases he continues to pay child support and therefore would be some exposure for child support against his estate in the event of his death. It is possible that the releases in the Agreement relate to division of property claims and not child support, as he does continue to pay child support. For greater certainty, depending on the circumstances, if life insurance is not already in place, he could propose to the ex-wife that he maintain life insurance and therefore she has no claim against his estate. You should definitely consult with a lawyer of your choosing on this. The issue as to how long the child with a disability may be entitled to child support is a legal issue which you should obtain advice from a lawyer of your choosing. However, the adult child should be applying for government assistance and disability benefits, and there are other arrangements that could be put in place to address the adult child's financial needs.

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