Estate Law Questions? Ask an Estate Lawyer.
Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.
Hi Paula: Sorry about your situation. If you believe that your ex-husband did not have his capacity to enter into an agreement or contract effecting his pension, especially if it was against his best interest, the representative of his estate could attempt to have the court to nullify the agreement. We can discuss more if you would like to do so.
Hi Paula: It could be a tough case to make. You would have to get a doctor's letter to prove he lacked capacity. Possibly you could get an attorney to work on a contingency basis. It is not clear cut and dry. It depends on the facts of the case. I know this answer is not quite what you wanted to hear but at least you know what can happen. It is up to you to decide if you want to move forward with this.
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