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I cohabitated for 30 years with spouse. he died and had a…

Customer Question
I cohabitated for 30...

I cohabitated for 30 years with spouse. he died and had a military pension. can I claim part of it ?

Lawyer's Assistant: Are you overseas or stateside?

Ststeside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes a dva officer. he said I needed to show I lived with him.

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

Am I talking to the right department for this issue?

Submitted: 1 month ago.Category: Military Law
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Answered in 18 minutes by:
3/8/2018
Military Lawyer: Allen M., Esq., Lawyer replied 1 month ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,120
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Military retirements die with the soldier, unless the opt into the Survivor's Benefit Plan and have it left to a beneficiary. If he did not elect some sort of Natural Interest Person coverage at the time he retired, there is no surviving pension to claim.

You would have to contact DFAS to determine if he made any such election.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Military Lawyer: Allen M., Esq., Lawyer replied 1 month ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 20,120
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Experience: Lawyer and current JAG officer.

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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).

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