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A Reader Asks For Help
Posted to Ask the Community by WivesWire on Wed, 10/10/2007 - 12:15pm
First Wives World received a letter from a reader whose ex-husband has terminal cancer and is undergoing major surgery. She is appealing to the community for advice. Can you help her?
"I am a single mom of two. Divorced for seven years...and yes, the anger can subside... Nine months ago, my ex found out he has terminal cancer. He needs to have two surgeries next month where they will emove 3/4 of his liver and his colon. There is a very good chance he may not survive the surgeries. ...My ex did remarry and is in the middle of his second divorce. They were only married four years. He and I were married nine.
The question I have is: Who is entitled to receive the Social Security benefits? Does the check go to the kids, the second wife or to me? ...The second wife called and is saying all this stuff about who gets what and what will be left of the estate. I said I'm not sure, but the estate isn't even an issue because the man isn't dead and he has a living will and testament so whatever he puts down is how it is split.
Am I being naïve? Please help."
What do you think? Has any of you been in a similar situation? Share your thoughts.
What Others Have Shared ()
I believe things like this are designated in the living will
You should consult an estate attorney on this though..
I've been through a death of a partner, my partner, and the living will stated how everything should be split, from the IRA to savings, etc.
Social Security is an issue though, I'm not familiar with.
Jill (from Chicago)
Survivor benefits
Here's the page on the Social Security Administration website that gives information and has links to other pages on the topic: http://www.ssa.gov/survivorplan/ifyou3.htm. As I understand it, the will has little to do with Social Security benefits; those are simply a function of whom the SSA designates as the appropriate recipient of benefits. Unless she also had children with your ex, which it sounds as if she didn't, she's out of luck as regards those funds, as they were married less than ten years. And by the way, what a freaking piece of work she must be.
The rest of his estate will be settled according to his will, and we can only hope that he's of sufficiently sound mind to have major changes made to it in light of the lovely behavior of his second ex.