My uncle forged my aunt's signature when electing a single-life payout, versus joint, for his Navy pension. His now has terminal cancer and that action will severely impact her financial future. Does she have any recourse given the forgery?
State/Country relating to question: Vermont
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Are they still married? If so are they pending divorce?
Still married. No divorce in the works, wonder if filing might be an option here.
If they go though divorce, she would have the ability to request to the divorce court that he be ordered to purchase private insurance on his life to protect the pension that she is entitled to.His Fraud would be grounds to allow the court to order that.So if the plan is for divorce? She will have recourseBut short of that there is not a mechanism to force him to provide this insurance. There is no way to go to court, during the Marriage, and get a court to order he purchase the insurance. And that is what is missing. The document he forged allowed him to forgo the insurance premiums on his pension. So he no longer has that insurance or the ability to obtain it through the military. He would be forced to purchase insurance on the open market to insure his military pensionBotXXXXX XXXXXne: The court can order he purchase insurance, but will only do so in the course of a divorce proceeding.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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