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My husband received $287000.00 Retro pay for Agent Orange…

Customer Question
My husband received $287000.00...

My husband received $287000.00 Retro pay for Agent Orange exposure, as his spouse living in Texas, is that money considered Community property that I am awarded 50% of that payout

Lawyer's Assistant: Have you talked to a TX lawyer about this?

No I have an appointment on Friday but he is planning to distribute $50,000 to four of his children from a previous marriage. My husband is in the early stages of Dementia, PTSD, Heart disease and Kidney failure. His family is on the other side conspiring against me

Lawyer's Assistant: What steps have you taken so far?

I filed for fiduciary with the VA but they haven't proceeded yet

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

What happens if they spend all the money before I can take action

Submitted: 5 months ago.Category: Family Law
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Answered in 6 minutes by:
4/3/2018
Family Lawyer: Barrister, Lawyer replied 5 months ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 43,618
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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If the award was broken down into a percentage for income compensation and a percentage for pain and suffering, then the income portion is community property and subject to a division in any divorce.

.

But if the entire amount is for pain and suffering, that would be considered his separate property and he can legally do what he wants with it.

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However, if the award was commingled with marital assets, like if it was deposited into a joint account, a judge could rule that it all became community property once it got mixed with community assets.

.

With that said, if his mental functions have deteriorated to a point where he may be incompetent or not understand what he is doing, you may need to seek an emergency guardianship over him to freeze any assets and prevent others from taking advantage of his condition.

.

.

thanks

Barrister

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Family Lawyer: Barrister, Lawyer replied 5 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Customer reply replied 5 months ago
I am not on his bank account but i have always managed the account and written checks for household expenses and when the bank needs answers he authorizes the bank to accept my decisions because he acknowleges rhat i am his wife
Family Lawyer: Barrister, Lawyer replied 5 months ago
Ok, but that doesn't really change my response. This would still be considered separate property that is under his control unless he is deemed incompetent by a judge with a guardian appointed. If that happens then the guardian would be in charge of that money.
Ask Your Own Family Law Question
Family Lawyer: Barrister, Lawyer replied 5 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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