Legal Question in Wills and Trusts in Montana
My father passed away a few years ago from leukemia connected to his time in the service. He was a U.S. Marine and a veteran of the Vietnam war and was subject to the big Camp LeJune settlement. He was divorced from my biological mother many years ago and married to another woman at the time of his death, who would be entitled to that settlement now, myself as his only offspring or his widow who is the executor of his estate?
1 Answer from Attorneys
Please accept my condolences on the loss of your father.
The settlement proceeds are part of dad's estate, so they pass according to his Last Will and Testament. An executor manages someone's final affairs after death according to whatever it says in the decedent's Will; the executor gets paid a fee for this work, but they don't get to keep any money, unless the executor is also named in the will.
I hope that's clear.
Once again, please accept my condolences on the loss of your father.
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