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NYLAWLADY
NYLAWLADY, Lawyer
Category: Family Law
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Experience:  15 YEARS PRIVATE GENERAL PRACTICE
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My husband recently passed away. His ex-wife is trying to enforce what he negeleted to do

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My husband recently passed away. His ex-wife is trying to enforce what he negeleted to do in his divorce agreement. Can I be held responsible for what he didnt do and can she have the DRO that is on file changed. I have already started to receive his pension since I was named the sole bene.. They divorced over 13 years ago and we just recently go married. Thank you for all of your help...

m osterhout
Submitted: 3 years ago via MyFamilyLaw.
Category: Family Law
Expert:  NYLAWLADY replied 3 years ago.
Once the divorce agreement has been signed and so ordered, which I have to assume in NY was done by the presiding judge, then bringing it to court would be the only way she could have it challenged, and she would do this based on changed circumstances. However she faces one problem-the death of one of the parties-your husband-so she will be precluded from doing this. Also, if your husband, after his divorce named you as his beneficiary and he passes, this cannot be revoked- and your assets will not be involved. If you are still concerned, contact the NYCity Bar Association legal referral service for a $35.00 consultation where you can review the details of the situation more closely and then decide whether or not you will need to actually hire counsel. I think not, but for your own peace of mind you may want to just get an opinion that deals with your particular facts and affords you attorney-client confidentiality. Good Luck.
Customer: replied 3 years ago.
Thank you so much for all of your help. The problem being...in the div agreement he was suppose to carry life insurance with her as bene and did not. She never checked up on it and I was not with him at the time. I was affaid that she could come after my assests and his pension in lieu of the life insurance. This can not be done? She is trying.....
Expert:  NYLAWLADY replied 3 years ago.
Oh well, she should have checked this and challenged this at the time- certainly not 13 years later when she realized that he had not followed through It was incumbent upon her to do this. Your assets cannot be affected since you are not involved in the agreement. She may try to sue his estate, but I doubt that she will be successful because of the time that has lapsed since the agreement was entered into.
Expert:  NYLAWLADY replied 3 years ago.
NYLAWLADY, Lawyer
Category: Family Law
Satisfied Customers: 814
Experience: 15 YEARS PRIVATE GENERAL PRACTICE
NYLAWLADY and 8 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you so much for your help...I have been a nervous reck all wkend, since receiving her letter and you have made me feel sooo much better. I am seeking legal cousel. I know that things can change when we go to court but you have eased me for now... Thank you again....:) Have a Great day!!!
Expert:  NYLAWLADY replied 3 years ago.
Happy New Year.

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