My brother recently was killed in Iraq(july 26th 2007). Before he enlisted his wife left him, for someone else. When he returned home from basic training they went through and completed all their divorce paperwork. He was under the assumption that the divorce was final. We discovered it wasn't because she was receiving benefits. Apparently she withheld a paper that my brother was to sign, something about them agreeing to take a 3 hour class since they are parenting in different states. So my brother redid his will and all of his paperwork with a military attorney making it absolutely clear, without any doubt that he wanted EVERYTHING to go to his infant daughter in a trust. And his daughter was listed as his sole beneficiary on his insurance/death benefits paperwork. BUT, because the were still "legally" married, although separated and pending divorce, it all ended up going to his wife (ex-wife). When the military fills out the forms for submitting payments for such things.. they don't
2007-08-30 05:39:23 · 7 answers · asked by lv82 3 in Family & Relationships ➔ Marriage & Divorce
even look at the will or benefit paperwork.. it's just a yes/no question on if there's a spouse, and they send it to them, and if there isn't then it goes to dependants, if any. What should we do, or is there anything we can do. Our family can't afford to get a probate. His story has gotten alot of media coverage, and it was focused on his going into army for his daughter, that all he wanted was to ensure her future and that she'd go to college and such.... so we were considering writting to congress and state reps and including copies of will and benefit paperwork, and letters from my brother about the subject when he was filling them out.. would that honestly do us any good..?
2007-08-30 05:39:34 · update #1
You need to contact the Judge Advocate Generals office at the post where your bother was stationed and talk to a lawyer there. This is one of the ways soldiers are getting screwed by the people who have to yellow ribbon on their cars, which say "Support the Troops."
After that, you need to contact the Inspector Generals office and launch an IG investigation. These people are the ones who make sure that the Army regulations are being followed correctly.
Finally, if you get no satisfaction, you should contact your Congressman and get them involved. IF there is a regulation, which needs to be changed, then this will get the ball rolling in that department.
I would also consider going to the local news paper.
Whatever you do, you MUST stay on top of this with visits and phone calls. Otherwise, they will just let it lie until it becomes too late to do anything about it.
Good Luck and I am sorry for your loss.
2007-08-30 05:53:43 · answer #1 · answered by tempest_twilight2003 3 · 2⤊ 0⤋
you guys HAVE to get some sort of money together to get up an attorney to fight this. I dont think his wife, who left him or another man, should be receiving his benefits. Its bad enough that he has died and you are dealing with that, but his ex wife is just that low down of a dirty snake that she would receive the benefits KNOWING she left him for another... I mean really what kind of person is this?
He wanted the money to go to his daughter, that is his last will and request. That is exactly what he wanted and that should be respected.
I cannot tell you anything else other than get an attorney. You have to!!! You have to fight for her.
and for shame to this "woman" who is living off her dead ex husband. Some people... i mean really.
Email me, I'm an aspiring attorney. Havent begun law school yet but I'm on my way. Without knowing your city and state, I cannot really give any specs or advice. Laws vary state to state, and there is an attorney general in every state. There are also lawyers who will listen to, and represent cases for free.
2007-08-30 06:24:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The Total Life Insurance for Troops during the Vietnam War was $20K that's it... Widows and Orphans were swept under the Rug... If they were in Base Housing they had 5 days to move out of it... The Armed Services paid to ship her stuff to his Home of Record... That was about it...
2016-05-17 07:10:44 · answer #3 · answered by karolyn 3 · 0⤊ 0⤋
It can't hurt and maybe it will force the military to change the way they do things. Sorry for your loss and good luck.
2007-08-30 05:46:44 · answer #4 · answered by kitkat 7 · 0⤊ 1⤋
Echo Tempest's post.
Please accept my condolences on the loss of your brother,
2007-08-30 06:11:54 · answer #5 · answered by rjrmpk 6 · 1⤊ 0⤋
wow---I am so sorry for your dilemma...sorry but I do not have any useful knowledge of such things...may GOD bless you and his little girl
2007-08-30 05:46:20 · answer #6 · answered by sunbun 6 · 1⤊ 0⤋
you need to get a probabte attorney and fight her!
2007-08-30 05:44:17 · answer #7 · answered by L 4 · 1⤊ 0⤋