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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33147
Experience:  Estate Law Expert
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Divorce executed 7yrs. ago- with a life insurance policy included

Customer Question

Divorce executed 7yrs. ago- with a life insurance policy included but never executed/ where the is the liability ? With the attorney or the payee ???
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
What do you mean "included but never executed"?
Also, why do you believe that an attorney would be liable? On what basis?
Customer: replied 1 year ago.
Included means / part of the divorce settlement/ isn't the attorney responsible for executing all factions of the document before the case is - closed?
Expert:  Dwayne B. replied 1 year ago.
No, not typically or necessarily. The attorney would normally just be responsible for seeing that the legal documents are completed.
Seeing that the orders of the court are followed would typically fall under the obligations of the parties. For instance, if the orders called for certain property to be sold and the money split, then the attorney doesn't follow up to see that the person sells the property or forwards the money just that the order requiring that the property be sold and the money split is worded correctly and presented to the judge for signature.
Making sure that a life insurance policy is purchased is no different than this example or making sure that alimony or child support is paid, etc. Most people don't want to pay the extra money it takes for the attorney to follow through and make sure that the orders are followed, just that they are entered.
That isn't to say that a contract with an attorney couldn't be worded so as to include these additional duties because it certainly could, but it wouldn't be a part of the normal duties of an attorney in most divorces.
The duty to obtain the policy of life insurance would be on the person who was supposed to obtain it and the "duty of oversight" would have been on the other party to the divorce and/or the beneficiary of the policy. If they knew that it hadn't been obtained or were unable to determine if it had been obtained then they would have had to request that the attorney prepare additional paperwork, such as a Motion for Contempt or a Motion to Compel, to take the other party back to court.
Customer: replied 1 year ago.
Thank you / that answers my - question
Expert:  Dwayne B. replied 1 year ago.
You're very welcome.
Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.

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