Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My late husband had a pension with resilient floor covering…

Customer Question
Hi My late...

Hi My late husband had a pension with resilient floor covering trust. I am the only one eligible for his Death benefits,but in the divorce papers he made me not eligible. Is there any way to Delete the pension out of the divorce papers? The pension is worth $3000.00 a month to me.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Oregon

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am not smart but could use the Money.

Submitted: 8 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 16 minutes by:
11/17/2017
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,232
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. I'm a little confused about your situation. You mentioned that the divorce papers made you ineligible for the benefit; however, can I assume that your husband didn't make the change on the death benefit. Is that correct?

Ask Your Own Family Law Question
Customer reply replied 8 months ago
but the divorce papers says I can not clame benifets past present or future I did not know how lukative the benifets were at the time I signed
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

I see what you mean. Unfortunately, if this is what was agreed to and ordered by the court, then you'll have no interest in the benefit payments. However, if this was a mistake, you always have two options. The first option is to petition the court to advise them that the order is inaccurate. This will be difficult to prove, but if you have emails, text messages, or some other agreement that shows that you were entitled to the benefits, the court can award them to you. The other thing you could do is just let the company pay out the benefits to you and not tell anyone or do anything about it. If he has other beneficiaries who know about this, they may come after you for that amount; however, if they do not care or if they do not know, then you won't have anything to worry about. What other questions did you have for me today?

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11,971
11,971 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I am divorced and am eligible to receive my ex husbands
I am divorced and am eligible to receive my ex husbands Social Security upon his death. My divorce agreement states if I attempt to collect it that amount will be deducted from my support. Is that leg… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,816 satisfied customers
My husband has a pension with Alaska Teamsters. We are
My husband has a pension with Alaska Teamsters. We are Missouri residents. He is 65 and preparing to apply for his Teamsters pension. He wants me to sign the form to consent to "the designation of a b… read more
LegalGems
LegalGems
Juris Doctorate
12,498 satisfied customers
I was awarded half my husbands NJ Police Pension and
I was awarded half my husbands NJ Police Pension and continued survivor-ship after his death. It was the carrot he held out in the divorce settlement, our only asset due to having a severely disabled … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband worked Motors + years and retired in 1998 and
My husband worked for General Motors for 30+ years and retired in 1998 and began drawing his pension. At the time he was married but they were divorced in 1999. We were married in 2002. To make a long… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
I hope someone can help me. I was married March 1997 and
I hope someone can help me. I was married March 1997 and divorced final April 2013 16 years married. We have a decree and in the decree it states that neither of us are to have any of each owns 401 or… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My ex husband passed away Nov. 2, 2015. We were married 24
My ex husband passed away Nov. 2, 2015. We were married for over 24 years. I am a teacher, and during our marriage, his jobs moved me and our kids several times. Each moved he advised me to withdraw m… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
My husband worked Oil Co years. He retired during the 1980's
My husband worked for Shell Oil Co for forty years. He retired during the 1980's and was married at the time to his second wife. He started drawing a pension from Shell at the time of his retirement. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,116 satisfied customers
With regard to the QDRO is the amount based on the amount of
Hello. With regard to the QDRO is the amount based on the amount of the pension at the time of divorce and the not the remaining years following the divorce until retirement?… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I need a Texas Divorce lawyer. Husband has divorce wife of
I need a Texas Divorce lawyer. Husband has divorce wife of 47 years in texas with community property law. Husband gave half of everything to wife. Husband and wife continue to own the real estate join… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
I was separated from my husband (legal separation) and according
I was separated from my husband (legal separation) and according to the legal papers I was supposed to receive half his pension. He retired and did not tell me for eight months after the fact. He took… read more
Estate Lawyer
Estate Lawyer
Attorney
Bachelor's Degree
164 satisfied customers
Since I am the only wife my deceased, ex-husband had, am I
Since I am the only wife my deceased, ex-husband had, am I entitled to make any claim toward the retirement fund that he was receiving at the time of his death?… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
In a Community Property Divorce law State , would a QDRO (funds
In a Community Property Divorce law State , would a QDRO (funds not received as of yet, as such, will remain a QDRO for 3 more years) from my first marriage be subject to a 50/50 split should a divorc… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
My husband has filed divorce papers, I just would like to
My husband has filed divorce papers, I just would like to ask since we've been married over 15 years what my children and myself are in tiled to. I already have a child support case active. He has fil… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
my ex husband and i divorced in 1999. there was a court order
my ex husband and i divorced in 1999. there was a court order for qdro pension with survivors rights from his employer. however, the process for calculations of pension was never complete. he has sinc… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Washington State I was just served legal separation papers.
Washington State: I was 'just' served legal separation papers. We would divorce except that I need his 'free' govenment insurance since I lost mine for good when I gave it up for his. How long is a le… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
My husband died in Feb. 2009. His ex-wife (married almost
My husband died in Feb. 2009. His ex-wife (married almost 5 years, divorced in 2002), filed a community property claim against his retirement benefits. So, I am his survivor and beneficiary (his siste… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
My husband receives a pension from the State of Florida Retirement
My husband receives a pension from the State of Florida Retirement System under Option 4 where I, as his wife, am the joint annuitant. If we divorce, is he obligated to remove me as joint annuitant? I… read more
attySince1978
attySince1978
Doctoral Degree
925 satisfied customers
My husbands allowing his trust fund (an irrevocable trust
My husband's allowing his trust fund (an irrevocable trust that was left to him by his father which is entitled "XXXXX XXXXX family heritage trust for benefit of XXXXX XXXXX). The trust is buying the … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x