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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2580
Experience:  Helping you with your legal questions.
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My husband passed away, we just found out that he made some

Customer Question

My husband passed away, we just found out that he made some elections in his pention which now lets the union keep everything left in his pension fund. He has a biological daughter, and I am his ex wife. He was bi-polar, and hospitalized several times when he made those decisions, is there some way to overturn this outcome.
Has there been a case similar, does this have merit and can we do something.
Paula *****, this is regarding Local 150 Operating Engineers, he was in the Union all his life. **************
Submitted: 10 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 10 months ago.

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.

Expert:  Damien Bosco replied 10 months ago.

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.

Customer: replied 10 months ago.
has there been past history of that being effective? Has it been successful, would an attorney do this with payment out of the proceeds of what can be gotten. I am not financially well off, especially with this development.
Expert:  Damien Bosco replied 10 months ago.

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.

Expert:  Damien Bosco replied 10 months ago.

Hello Paula: I am following up to see if you still need further help. If so, please let me know. If not, I hope that I have provided excellent service and, if so, would love you to give me a rating between 3 and 5 stars for the service I provided to you. Best regards.