QuestionMY husband is paying child support for 2 girls till the age of 19. If my husband dies will the ex wife be able to take me to court and take what he has? Or does a will protect us and not have to worry about the assets? We do not have a house yet together, we are both worried that she will take me to court after he dies and take his 1/2. The have beem divorced over 2 years and we live in the state of Virginia.
AnswerHi Debra~
No, she's not entitled to anything of his if he dies. You, as his wife, you would get everything he has (possession and money wise, say anything you have in the bank, meaning money, IRA's, CD's, retirement, etc). If he happened to die while the children are young (under the age of 18) then she would be entitled to SSI for the children until they each reach age of 18). He can write a will to state that you're to get everything he has (all his earthly possessions, etc) and not the children, unless he wants them to have something. She's just not entitled to anything of his, even if it's for the children. It all legally goes to you b/c you're considered his very next of kin being immediate family by marriage.
