Jacquelyn F. Luther’s Answers

Jacquelyn F. Luther

Atlanta Child Custody Lawyer.

Contributor Level 12
  1. My husband died 3 months ago an his mother past a week ago my husband was left her life insurance, am i intitled to get it

    Answered almost 2 years ago.

    1. Jacquelyn F. Luther
    2. Robert Michael Goldberg
    3. Celia R Reed
    4. James P. Frederick
    5. Robert W. Hughes Jr.
    5 lawyer answers

    More than likely if he died before his mom, her secondary beneficiary would be entitled to the insurance proceeds. If there was no secondary beneficiary designated, after her estate is probated, if there is language in the will regarding residue of the estate it will control as to what happens to the insurance proceeds.

    9 lawyers agreed with this answer

  2. My husband passed away 3 months ago and 2 weeks later his mother passed away . am i entitled to it?

    Answered almost 2 years ago.

    1. Loraine M. DiSalvo
    2. Jacquelyn F. Luther
    3. James P. Frederick
    4. Celia R Reed
    5. Charles Adam Shultz
    5 lawyer answers

    You have asked this question several times, on several different occasions and the answer does not change. As I previously responded, if your husband died before his mother, the insurance policy may have a secondary beneficiary. The actual language in the beneficiary portion of the insurance policy will be controlling on that issue. But, the fact that your mother-in-law had a will, that had a specific bequeath, what will control what happens to that bequeath is the language in the will...

    5 lawyers agreed with this answer

  3. Can he really do this?

    Answered almost 2 years ago.

    1. Jacquelyn F. Luther
    1 lawyer answer

    Well, you need to move quickly. Contact personnel or human resources and cancel the direct deposit. Don't discuss anything you are doing to protect yourself with him. He is not your friend. Take all if your money out of his account immediately. If you have a debit card in your name, your name is oh the account. If your name is on the car even at as cosigner, go to the dealership and get copies of all the documents related to the purchase of the car. Collect everything immediately. Once you...

    5 lawyers agreed with this answer

  4. Can i get a divorce if i am pregnant?

    Answered over 2 years ago.

    1. Jacquelyn F. Luther
    2. Glen Edward Ashman
    3. Ikemesit Amajak Eyo
    3 lawyer answers

    Yes, you can get a divorce even though you are pregnant. One of two things may happen, the court may grant the divorce and reserve on the issues related to the child, or the court may determine all of the issues in the event you and your husband do not agree on all of the issues. The issue of the custody of your child is one that is going to be most important because the court is going to be concerned with what is best for your child, first and foremost. Where the child lives, what the non-...

    5 lawyers agreed with this answer

  5. We need a family law attorney. My spouse is being sued for more child support but less time.

    Answered over 1 year ago.

    1. Jacquelyn F. Luther
    2. Glen Edward Ashman
    3. Darrell Brinnett Reynolds Sr.
    3 lawyer answers

    If your husband has an Order legitmating his child, he is in a much better position to defend on the modification of support and parenting time. It gets a lite complicated if he and the mother the both are seeking modification of parenting time. She had to file where he lives and he will have to file in the county where she lives to modify the custody arrangements. The child support is going to be based on both of their income. It will not be based on your income or her husband's income. You...

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  6. Ex wife has included her outstanding domestic order (from our divorce settlement) in her chapter 13 bankruptcy, what can I do?

    Answered over 2 years ago.

    1. Robert M. Gardner Jr.
    2. Jacquelyn F. Luther
    3. Stephen M Trezza
    4. Glen Edward Ashman
    5. Michael David Croddy
    6. ···
    6 lawyer answers

    You will need to get an attorney to file a petition to get permission from the bankruptcy court to proceed in the state court concerning the contempt. You will also need to provide the attorney with a copy of the order that you are attempting to hold your ex-wife in contempt under as there are certain types of actions that are not stayed by the filing of the bankruptcy under the bankruptcy provisions of 11 U.S.C. 362. If you try to proceed without getting the required permission from the...

    4 lawyers agreed with this answer

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  7. I had a arrears hearing on Monday, they keep rescheduling it, the ADA is his friend, who can I make a complaint to.

    Answered over 1 year ago.

    1. Jacquelyn F. Luther
    2. Glen Edward Ashman
    2 lawyer answers

    If he has not paid anything in more than 30 days you can file a criminal warrant for child abandonment. And, you will need to write a formal complaint to the district attorney spelling out the complaint against the ADA who was scheduled to address the other matter. Or, you can hire an attorney and file a contempt action. With an experienced attorney, in Henry County, should move pretty quickly.

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  8. Is it adultry if my husband and I have been seperated a year and not signed the divorce papers and he is living with another wom

    Answered almost 2 years ago.

    1. Jacquelyn F. Luther
    2. Barry Dean Broome
    3. Glen Edward Ashman
    4. Torin D. Togut
    4 lawyer answers

    Living with the woman in and of itself is not adultery. Adultery is having feelings and desires for another and having an opportunity to act it out. So, if he is not amorous with the other woman, just because he lives there does not make it adultery. If he has amorous feeling for her, or if he is just having casual sex with her, that may be enough to establish adultery.

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  9. Can I fiel restraning Oder on my husband ?

    Answered over 2 years ago.

    1. Jacquelyn F. Luther
    2. Darrell Brinnett Reynolds Sr.
    3. Glen Edward Ashman
    3 lawyer answers

    if you are in fear of bodily harm, you can file a Petition for Temporary Protective Order. You must tell the court in the petition about the harm to you physically and that you want a hearing about it immediately. What you also need to know is that you will have to go in front of a magistrate or superior court judge and swear under oath that he is committing some act (s) of domestic or family violence and that you are afraid of immediate bodily injury, harm, or the likes. The part about him...

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  10. Step-Dad died, no mention in will of wife of 29 yrs.,except she can keep all her assets and property she had before marriage.

    Answered almost 2 years ago.

    1. Dana P. Shaffner
    2. Loraine M. DiSalvo
    3. Jacquelyn F. Luther
    4. Robert Michael Goldberg
    5. John P Corrigan
    5 lawyer answers

    She needs a lawyer. She is a legal heir and has rights that nerd to be protected, like Year's Support. at her age she needs your help to protect her from the possible mistreatment by the sons. If they do not have an attorney they are probably well on their way to making a mess.

    4 lawyers agreed with this answer