by Guest » Tue May 31, 2011 03:31 am
:? CAN ANYONE HELP??
I divorced in 2004 and my ex-husbands atty did the divorce for US...it seemed amicable at the time. I did not ask for alimony, support, the house...I just wanted out-life was hell with him and I found out he had exposed himself to my daughter. The only thing that I would be getting would be his life insurance benefits upon his death which would cover all the expenses I took from the marriage (he went chapter 7 and all the joint accounts fell on me for payment.) I just found out that because the atty did not state in the property settlement agreement that the policy was specifically a FEGLI(Federal Employee Group Life Insurance) policy that I am not eligible per the government to be the beneficiary on the policy unless he has specifically kept my name on the policy as beneficiary. The property settlement only states that "any and all life insurance policies will be kept in place " and that I would be the beneficiary of that said policy. I havent spoken to him in years (nor do I wish to) and have no idea if I am still named-nor will they release that info.
I ended up contacting the atty for a remedy to the situation but he reminded me that I had included him in my ch13 bankruptcy after the divorce because I couldnt keep up with the bills and became permanently disabled in 2007. Now that atty refuses to help me correct a problem due to his ineptitude.
Any suggestions? Should I just live and let live and forget about it?? It was my ex-husbands fault for the divorce(if this helps any suggestions....) And Im in NY state.. PLEASE HELP!
I divorced in 2004 and my ex-husbands atty did the divorce for US...it seemed amicable at the time. I did not ask for alimony, support, the house...I just wanted out-life was hell with him and I found out he had exposed himself to my daughter. The only thing that I would be getting would be his life insurance benefits upon his death which would cover all the expenses I took from the marriage (he went chapter 7 and all the joint accounts fell on me for payment.) I just found out that because the atty did not state in the property settlement agreement that the policy was specifically a FEGLI(Federal Employee Group Life Insurance) policy that I am not eligible per the government to be the beneficiary on the policy unless he has specifically kept my name on the policy as beneficiary. The property settlement only states that "any and all life insurance policies will be kept in place " and that I would be the beneficiary of that said policy. I havent spoken to him in years (nor do I wish to) and have no idea if I am still named-nor will they release that info.
I ended up contacting the atty for a remedy to the situation but he reminded me that I had included him in my ch13 bankruptcy after the divorce because I couldnt keep up with the bills and became permanently disabled in 2007. Now that atty refuses to help me correct a problem due to his ineptitude.
Any suggestions? Should I just live and let live and forget about it?? It was my ex-husbands fault for the divorce(if this helps any suggestions....) And Im in NY state.. PLEASE HELP!
Posted: Thu Jun 02, 2011 08:55 pm Post Subject:
Apparently your ex-husband is still alive and working for the Federal Government. Get another attorney and sue your ex- in family/civil court to prove that he has abided by the previous court order and named you the irrevocable beneficiary of his FEGLI policy.
The matter will not be dismissed until he has (a) complied with the court order or (b) paid you enough money to get you to drop the matter. It should be an fairly open and shut case. Be sure the new attorney makes a claim for his fees and court costs as part of the filing, or you will have to pay that expense for sure.
Posted: Fri Jun 03, 2011 04:31 am Post Subject: thank you!
My ex-husband retired shortly after our divorce but still had to carry the policy (supposedly). No attorney that Ive spoken with so far will take the case without a sizeable retainer which I dont have yet. Thank you though for the advice. I will be pursuing this when I am financially able. Your idea was great!
Posted: Fri Jun 03, 2011 06:22 am Post Subject:
I will be pursuing this when I am financially able.
This is not something you want to delay. I doubt that you need an attorney for this. You should be able to use the court's free advocate (if they have one where you live) or a low cost paralegal service to draw up and file the necessary "COMPLAINT" that will force your ex- to appear and explain his actions or prove that you are listed as the beneficiary. All you need to do is present the court with a copy of your divorce decree and order to be named the beneficiary.
This is not a complex matter -- your ex-husband has either complied with that order or he hasn't. If he has, all is well and good, and life goes on. If he hasn't, the court will give him a short period of time to comply.
If you put this off for lack of money and he dies, you will have ALMOST NO CHANCE of overturning the payment to any other beneficiary (other than his estate). Then it will cost you really big bucks to hire an attorney and that with less than a 50-50 chance of winning -- and virtually no chance of collecting attorney's fees on top of the death benefit if you even won that. And you need to understand that if he has retired from government service, his insurance amount may now be as little as 25% of its former amount., and your divorce order may not entitle you to a larger amount.
Posted: Sat Jun 04, 2011 02:39 am Post Subject: your help
Thank you very much for your help with this matter! Its nice to know that there are still good people out there who are willing to help!
Again-THANK YOU!
Deeduck
Posted: Sat Jun 04, 2011 05:11 am Post Subject:
Max has certainly explained everything and left no leaf unturned. Go ahead and show up with a copy of your divorce decree and the order to be named as the beneficiary. It really makes sense that way!
Posted: Sat Jun 04, 2011 09:57 am Post Subject:
Let's be real here. Without an attorney, she is probably screwed, and no attorney is going to represent her. Assume that she takes him to court and wins her case. Winning the case does not make the policy stay in force and does not make her the beneficiary. Keep in mind that we are dealing with a deadbeat.
Posted: Sun Jun 05, 2011 08:07 pm Post Subject:
Keep in mind that we are dealing with a deadbeat.
You're way out of line on this one! There's nothing to indicate that this involves a "deadbeat" at all. The OP just doesn't know if she's been named the beneficiary or not, as her divorce order required.
This is a simple matter called an "Order to Show Cause" (OSC) -- if everything has been complied with, the lady is on the policy as the beneficiary and the matter is dismissed. If not, the court will order the respondent (ex-husband) to "show cause" why he has not complied with an earlier court order, or be given a short period of time, such as 30 days, to make the change and show proof to the court.
Winning the case does not make the policy stay in force and does not make her the beneficiary.
50% credit on this answer. Winning does not make the policy stay in force. You have that right.
But you miss the mark on the rest of your answer. If the beneficiary is made irrevocable, that beneficiary has the right to request prior notice from the insurer that the policy is about to lapse, in which case the beneficiary has the right to make premium payments and sue the premium payor for the non-payment.
But, you also fail to understand how FEGLI works. The premium payments are deducted from one's retirement pay. With a court order as an irrevocable beneficiary, the OP here can force the FEGLI policy to NOT LAPSE . . . EVER.
Without an attorney, she is probably screwed, and no attorney is going to represent her
Again, you fail here. Yes, it may be difficult to obtain an attorney since this is not a "big bucks" case. But attorneys take cases on retainer all the time, charge hourly fees, and collect enough money to pay the rent and buy a couple of new suits. The OP has already indicated she found one like that.
But OSC matters, especially those involving family court issues, are very easily done "in pro per", because the legal issues have already been decided, the complainant is merely trying to obtain the court's assistance in enforcing the order. Any paralegal service can write such an OSC complaint filing for about $50 and throw in some advice on what to say in court. Of course, we also have to serve the other party which will cost another $50-$75.
So go crawl back under your shell and give your fingers a rest.
Posted: Mon Jun 06, 2011 07:55 pm Post Subject:
Max, her husband went chapter 7 and left her with the bills. You do not think that she'll agree that he is a deadbeat?
She can't afford an attorney and this is not a contigency type case.
I am being realistic even if I sound like a jerk.
Posted: Mon Jun 06, 2011 07:57 pm Post Subject:
Max, her husband went chapter 7 and left her with the bills. You do not think that she'll agree that he is a deadbeat?
She can't afford an attorney and this is not a contigency type case.
I am being realistic even if I sound like a jerk.
Posted: Tue Jun 07, 2011 10:32 pm Post Subject:
He may have skipped out on the bills, but that does not affect his federal retirement pay or FEGLI. The insurance beneficiary status awarded in the divorce order can be enforced against by the court.
No one said anything about a contingency case. An attorney will take the case on retainer, and can petition for his fees as part of the complaint. The court may or may not award those fees.
But, as I said, this is a simple OSC matter and the filing is a couple of pages that can be prepared by any certified Paralegal. Service on the husband can be done by a local law enforcement agency (the sheriff's dept in most locales) or a private process server. Together, those will cost less than $150.
The real issue with the insurance was the fact that the OP's original divorce attorney had no understanding of how life insurance works, and put the wrong kind of order in his petition. Now it comes back to haunt the OP.
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