Legal Question in Family Law in New Jersey
Husband ordered to name wife as beneficiary
I was married in 1988 and divorced in 2004. During our separation my ex-husband removed my name from his job's life insurance. The judgement of divorce was:
1. He had to pay permanent alimony
2. He had to name and maintain me as 50% beneficiary of his life insurance and 50% of his pension (Domestic Relations Order). I was aware he remarried after our divorce in 2002.
He put in for early retirement the end of May two weeks later he died. I called his job and found out he had named his new wife, his sister and brother as his beneficiaries instead of me as ordered in the divorce. Considering the fact when we were married our incomes were high middle class. My illness (Lupus) caused me to be permanetly disable. The divorce was final in October 2001,he purchased a home within 6 months after the divorce and remarried all within a year of our divorce. Please give me some advice. I am afraid that as soon as the insurance company pays out, his new wife will go back to her own country (she's not a us-citizen ) and he left no beneficiary on the house. Please help.
3 Answers from Attorneys
Re: Husband ordered to name wife as beneficiary
Get a New Jersey lawyer immediately. If the QDRO was done properly there was no way for him to change the pension, and the insurance may be fixable if corrected while he's living (if your lawyer had handled it properly there would have been an irrevocable designation and this should not have happened, so consider a different lawyer than you used before, just in case he missed something, as he possibly may have - without seeing the paperwork there is no way for us to know). Delay could be very costly, so hire someone Monday, in NJ.
Re: Husband ordered to name wife as beneficiary
You need to immediately obtain an attorney in New Jersey. If he did not do what he was supposed to have done, a New Jersey attorney will be able to make the appropriate application to a Court to stop any disbursements so that your interests (and money) is protected. DO NOT DELAY! If you want me to assist you, feel free to call me at 856-546-8010. Your first one hour consultation will be at no charge. Good luck! Rob Gleaner
Re: Husband ordered to name wife as beneficiary
As his wife within the five years prior to his death you are the one entitled to social security benefits. You have a claim against his estate for the value of the life insurance benefits he was required to maintain for your benefit.
You must immediately file a lawsuit against his estate and file a lien called a lis pendens against his real estate to secure your claim.
I am available to provide whatever legal services your require.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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