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jeafra10

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My Mother and Step Father have been "separated" for about 5 years.  She lives with a cousin and he lives alone.  They had two children, and I am a step daughter and wanting to protect my "Mother".  I just heard that my Step Father changed the Annuity to his real daughter.  He took my Mother's name off.  When they split up they had a house and some money.  He gave my Mom 120,000 and he keep the rest.  He has about 200,000 dollars in his name.  He has never sent my Mom one penny.  She lives on 546.00 a month and pays my cousin $ 500.00 a month.  She never wanted to divorce him because she always thought that if something happen to him at least she would get the rest of "THEIR" money.  Well he is 84 and undergoing Chemo and bone marrow and is very very sick.  He has Multi-Myloma and is going to die soon I am sure.  My Mom is 86 and is doing great.  I'm just a little upset that my Mom should be taken care of first.  Am I reading into this the wrong way or what?

Spicuzza

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If your step-father is the Owner of the annuity he can name whomever he wants as beneficiary regardless of marital status.

However, some states, Florida being one of them, a surviving spouse is entitled to a share of the marital estate. In Florida the elective share is 30%.

You and your mother need to see a family law attorney.

Is your Mother's name on the home? If so great. If NOT you really need to see an attorney in your home state.

Hope this helps.

Gary
jeafra10

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Thanks for helping.  The house was sold 5 years ago and he gave her the 1/2 the house.   120,000.  He keep all of his 401K and all of the cash, as you can tell he is hard to deal with.  My Mom lives in Oceanside Calif. and he lives in Las Vegas.  I don't know what the laws are there.  She just doesn't have any money left because she "Helped" the daughter out that is going to receive all this money.  I know she said she will look after my Mom, but I don't have a good feeling about this whole thing.  I am wondering if she should just divorce him now and let him pay right now?

Spicuzza

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I am wondering if she should just divorce him now and let him pay right now?


Your mom really needs to talk to a family law attorney in California.

Here's how to get legal advice for free....

Simply offer to take the guy/gal out to lunch.

Who's going to refuse a free lunch with a potential client and $30 bucks for lunch is a lot less than $300 per hour.

Good luck!

JohnWilliams

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Divorce lawyer are very much helpful in divorce case. They will guide us properly and gives proper solution. Divorce lawyer Alexandria, VA is very helpful for me in my divorce case.
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