Life Insurance/Due Diligence/Death during divorce

[last]

What is the name of your state (only U.S. law)? ILLINOIS

stage: married 18 years, same life insurance for 10 of them. Divorce in the process. First temp support hearing life insurance is ordered to be maintained. One spouse follow the rules throughout the process with everythign the other doesn't including paying his premiums. Policy does cover suicide after first 2 years, husband kills self. What is the lawyers responsibility if you told them you wanted the life insurance checked on because you were afraid of this? Do lawyers have to follow through with your requests or do they get to pick and chose what they want to hear and what they want to ignore. Now the kids and I are the ingured party.

[Ohiogal]

Originally Posted by last

What is the name of your state (only U.S. law)? ILLINOIS

stage: married 18 years, same life insurance for 10 of them. Divorce in the process. First temp support hearing life insurance is ordered to be maintained. One spouse follow the rules throughout the process with everythign the other doesn't including paying his premiums. Policy does cover suicide after first 2 years, husband kills self. What is the lawyers responsibility if you told them you wanted the life insurance checked on because you were afraid of this? Do lawyers have to follow through with your requests or do they get to pick and chose what they want to hear and what they want to ignore. Now the kids and I are the ingured party.

The lawyer's responsibility? He was not responsible for paying for the policy. The kids and you are the injured party?
Have you filed for survivor's benefits for the children? The children (though you have a case to inherit intestate or take the spousal portion if nothing else) inherit everything dad had unless he had a will. When did you ask this? How do you know he didn't attempt to check on it? If it was through the same company why didn't you follow up?

[mistoffolees]

Originally Posted by Ohiogal

The lawyer's responsibility? He was not responsible for paying for the policy. The kids and you are the injured party?
Have you filed for survivor's benefits for the children? The children (though you have a case to inherit intestate or take the spousal portion if nothing else) inherit everything dad had unless he had a will. When did you ask this? How do you know he didn't attempt to check on it? If it was through the same company why didn't you follow up?

In addition, there may be another course of action.

If she and the kids inherit 100% of the estate, there's probably nothing to be done. If, OTOH, some of the estate is going to someone else, she MAY be able to make a claim on that.

He had an order from the court to maintain insurance and failed to do so. This negligence cause OP harm since the required amount of insurance was not there. That claim MIGHT take precedence over any amounts that were left to other parties, but it would likely be messy and expensive.

[last]

How do you figure we are not the injured party? We are the ones that were left abandoned after he withdrew all savings and left. Then refused to pay support, then hid all his income and assets under his sister. (Which she and the other sibling have openly admitted to ) Didn't pay his premiums, lied to the judge about his income, refused to submit documents from bank accounts etc. Then killed himself. Humm... who exactly do you think the victim is. The dad, the one that walked out on his kids and didn't look back. The one that didn't pay support, the one that didn't call, the one that didn't attend graduation. But did send emails about all his camping, scuba diving, travels, hiking and photography trips? I guess once the accounting end of it was cathing up with him he only had one option. He made a good choice, because the judge would have tore him up pretty good after seeing all the evidence. Good day, I guess I got what I expected, free advice. Thanks for you compasion and assistance, I can see why you are on the free board trying to find some business.

[mistoffolees]

Originally Posted by last

How do you figure we are not the injured party? We are the ones that were left abandoned after he withdrew all savings and left. Then refused to pay support, then hid all his income and assets under his sister. (Which she and the other sibling have openly admitted to ) Didn't pay his premiums, lied to the judge about his income, refused to submit documents from bank accounts etc. Then killed himself. Humm... who exactly do you think the victim is. The dad, the one that walked out on his kids and didn't look back. The one that didn't pay support, the one that didn't call, the one that didn't attend graduation. But did send emails about all his camping, scuba diving, travels, hiking and photography trips? I guess once the accounting end of it was cathing up with him he only had one option. He made a good choice, because the judge would have tore him up pretty good after seeing all the evidence. Good day, I guess I got what I expected, free advice. Thanks for you compasion and assistance, I can see why you are on the free board trying to find some business.

If you are able to prove that he hid assets with his sister and that he did not pay support or the insurance he was required to carry, you may be able to recover those assets. Proving that he hid the assets may be hard, but not necessarily impossible.

[last]

after reading posts on ohiogals page I do not believe that person is even an attorney. How unprofessional and slander and libel?? They are two different things. How is posting on a wall slander?

[mistoffolees]

Originally Posted by last

after reading posts on ohiogals page I do not believe that person is even an attorney. How unprofessional and slander and libel?? They are two different things. How is posting on a wall slander?

Don't jump to conclusions.

There are a number of people here who will give you bad advice consistently. There are also others who will give you mistaken advice some of the time and accurate advice some of the time (I undoubtedly fit into that category).
There are a few who consistently give good advice based on solid knowledge. Ohiogal is one of the few in that category. When Ohiogal tells you something, it's worth listening.

Besides, you're seeing things that aren't there. Where do you get the stuff about libel, slander, and posting on a wall? Ohiogal is simply pointing out the questions you need to answer to have any chance of understanding the situation.

In short, Ohiogal is correct. The lawyers have no obligation to make sure that their client follows through on court orders. You have no claim against the law firm, so you can't claim that they are responsible for your injury. I gave you some things you could look at to see if you might be able to recover something, but you're free to ignore my suggestions and spend your time criticizing Ohiogal instead, if you wish.

[last]

well if you click on his/her name you can see their profile and see the comment about slander amongst other complaines.

And yes it can be proved, the documentation is there.

What happens to accountants and doctors that do their job improperly? They get sued.

[mistoffolees]

Originally Posted by last

What happens to accountants and doctors that do their job improperly? They get sued.

Just as attorneys who do their job improperly can get sued.

In this case, however, the attorney didn't do anything wrong. Read the responses you got again. THE ATTORNEY IS NOT RESPONSIBLE FOR MAKING SURE THEIR CLIENT FOLLOWS COURT ORDERS.

The attorney is not at fault. Period.

[nextwife]

If YOU wanted to make sure the insurance stayed in force, you could have done what I do: YOU pay the premiums. I pay life on myself AND I own and pay life insurance on my DH. That way., if he ever suffers dementia, a brain tumor, temporary insanity, whatever, he CAN"T stop the life insurance against him..