The executor of an estate usually has a valid claim against the state for the value of services rendered, but is not a beneficiary of the estate solely by virtue of the appointment. This is confusing in most cases, where one of the heirs or beneficiaries is also the executor. If, on the other hand, your ex-husband left a will executed after the divorce and naming you as a beneficiary, you could be entitled to receive benefits. Without status for you as a beneficiary and without a will, the estate (after payment of debts) will go to the heirs at law.
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You could be paid for our time to pursue, but the laws of Alabama would decide who gets what. If you recover, the money goes to estate. His children would normally receive the money. An ex wife would not have a right to anything.
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It depends who the beneficiaries are in the will.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
As noted by the others, the executor is entitled to reasonable payment for the services provided. With respect to any other benefits there are many factors to be considered. Consultation with an attorney, at this point, is approproiate.
Who can file a wrongful death lawsuit is determined by Alabama statute. As executrix, you most likely can file a wrongful death suit but cannot receive the benefits for yourself. You could receive compensation and expenses for performing your duties as executrix, but your ex-husbands siblings would receive the proceeds of a lawsuit.
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