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My Attorney didn't tell me!! HELP!

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Mimi2

Junior Member
:confused:What is the name of your state (only U.S. law)? Florida - I was divorced in '04; ex-husband appealed on 90th day; My same atty. from divorce took the appeal case. Ex dropped the appeal before we went to appeal court. My attorney NEVER TOLD ME I HAD TO DO SOMETHING to ENFORCE EX'S TESTIMONY saying "I WILL/would REMAIN BENEFICIARY OF INSURANCE POLICY TO INSURE & CONTINUE MY ALIMONY. I'm DISABLED. I helped my Ex until he died Aug.'08. His sister took the insurance money, house, everything. I NEED HELP BADLY. PLEASE & THANK YOU ANYONE. What is the name of your state (only U.S. law)? Fla.
 


Some Random Guy

Senior Member
Get a new lawyer. File a lawsuit against his estate for the amount of the insurance policy that her was supposed to carry. Although the insurance money is not part of the estate, the house and everything else is.

Your lawyer should be able to tell you if you have any chance of getting that insurance money directly, but I suspect that the chances are slim.
 

Mimi2

Junior Member
Thanks, Some Random Guy!

I haven't found an attorney who will take my case. I was not going to take this one on. I thought that I had proof of my status from my ex's testimony, saying I would remain the beneficiary. I took care of him with (3) types of cancer until he died. I thought my life was over. I don't like 2 fight but I do need to live and help others when I can. Do you have any IDEA WHAT I SHOULD HAVE DONE TO MAKE SURE THE INSURANCE MINE, BASED ON THE TESTIMONY. I got the (1) page of testimony from 3rd dist. Court files. Thanks so much.
 

Mimi2

Junior Member
Seniorjudge

I don't know what changed. He died on Saturday; I called his old attorney, who dropped my ex as a client on Monday. he said he had just hung up from my ex's sister. He also said that the testimony from the court "meant nothing"...and it was nice that I took care of my ex when he needed it. How can this be happening in America?
 

Mimi2

Junior Member
Zigner

Isn't the attorney supposed to inforce a GIGANTIC DETAIL LIKE "HIS CLIENT'S BENEFICIARY STATUS TO AN INSURANCE POLICY" , or put something in place? This is what I really need to know. Thanks for any help.
 

seniorjudge

Senior Member
Q: Isn't the attorney supposed to inforce a GIGANTIC DETAIL LIKE "HIS CLIENT'S BENEFICIARY STATUS TO AN INSURANCE POLICY" , or put something in place? This is what I really need to know.

A: Your attorney should've made sure that this provision was in the judgment of the lawsuit.
 

Mimi2

Junior Member
Zigner

isn't the attorney supposed to inforce a gigantic detail like "his client's beneficiary status to an insurance policy" , or put something in place? This is what i really need to know. Thanks for any help.
"when you've got fibro-fog diagnosed by the mayo clinic, pretend that your cognitive skills are still always working! Keep up with the detail's of life! If you don't you will live to regret your down time! No excuses!
 

Dandy Don

Senior Member
Did you ever discuss details with your ex about how much the policy was supposed to be worth and what company he was getting it with? Was his sister the named beneficiary on the policy or was she just the executor and was there no named beneficiary, how much did she get? If you had known what insurance company to contact when the death occurred, an attorney could have filed an interpleader action on your behalf to let the insurance company know you disputed this matter and they would have let the courts decide.

You seriously need to keep interviewing with probate attorneys until you find one willing to help you file a claim against the estate (should be fairly easy to do and most likely successful) AND also consider filing a lawsuit against the divorce attorney who did not execute this properly--that provision should have been detailed in your order.

DANDY DON IN OIKLAHOMA
 

Ronin

Member
The dropped appeal is irrelevant to this issue.

You do not appear to have an enforceable cause of action against your ex's insurance policy or estate. If no attorneys are willing to take your case after reviewing your claims, that is a pretty good indicator. Be careful that if you search hard enough, you may find an attorney willing to take a case without merit simply for the money.

If your ex stated in court that you would 'remain' a beneficiary, and you are no longer a beneficiary, then at some later point he voluntarily removed you as a beneficiary. Sine the court never imposed this requirement on him in the divorce decree, he was free to change his mind, which he apparently did.

Whether of not you have a cause of action against the attorney will depend on the particulars of your case. Pursuing such cases are often long and expensive, and it is unlikely you will find any local attorneys willing to file such a lawsuit against another attorney.

You can and should talk to local attorneys to get a better understanding of your legal position in this case if you feel the need to.
 

Mimi2

Junior Member
Ronin

Thank you for that overview. I have TON'S OF PROOF THAT MY DIVORCE ATTORNEY WAS JUST NOT WILLING TO DO ANYTHING. THE ONLY REASON HE TOOK THE APPEAL WAS BECUASE THE JUDGE ADMONISHED HIM IN COURT AND HE WANTED TO STAY CLOSE TO HIS FEE; I DID TRY TO FIRE HIM BUT HE HAD HIS SECRETARY TEL ME I COULDN'T, BY LAW; YES, I WAS INTIMIDATED. I DID, HOWEVER, TAKE JEWELRY TO HIS OFFICE WHEN I WENT TO FIRE HIM, TO MORE THAN COVER HIS FEE UNTIL THE APPEAL WAS COMPLETED. where is that MATLOCK, PERRY MASON WHEN YOU NEED THEM? I sincerely appreciate your input, RONIN
 

Zigner

Senior Member, Non-Attorney
Thank you for that overview. I have TON'S OF PROOF THAT MY DIVORCE ATTORNEY WAS JUST NOT WILLING TO DO ANYTHING. THE ONLY REASON HE TOOK THE APPEAL WAS BECUASE THE JUDGE ADMONISHED HIM IN COURT AND HE WANTED TO STAY CLOSE TO HIS FEE; I DID TRY TO FIRE HIM BUT HE HAD HIS SECRETARY TEL ME I COULDN'T, BY LAW; YES, I WAS INTIMIDATED. I DID, HOWEVER, TAKE JEWELRY TO HIS OFFICE WHEN I WENT TO FIRE HIM, TO MORE THAN COVER HIS FEE UNTIL THE APPEAL WAS COMPLETED. where is that MATLOCK, PERRY MASON WHEN YOU NEED THEM? I sincerely appreciate your input, RONIN
Your attorney agreed to barter jewelry for his fee?
 

Ronin

Member
The insurance thing appears to be a common question asked by attorneys in court. Whether or not your attorney had an obligation to attempt to insert an insurance clause into the decree depends on the context of the hearing. In my own divorce I was asked under cross exam if I would be willing to continue my life insurance with my ex as a partial beneficiary, and I replied sure. However, this never showed up on my divorce decree.

The key here is whether or not the judge actually granted this point when rendering judgment. If so, then it should have been included in the judgment. If not, then it may have been an arguable point during judgment signing, but far from a guarantee the judge would grant it. So while your attorney could have argued this, he was not absolutely required to.

Maybe your ex cut you off his insurance during his pissed off stage when he was filing an appeal, and forgot to make things right later.
 

Mimi2

Junior Member
Ronin

You make excellent points, RONIN. I'm sure now that my ex took me off 'during his pissed off period'. I'm finding also that it's very hard to get an attorney to take a BAD FAITH LAW case. I'm praying to just get well SO I CAN TAKE CARE OF MYSELF and others as need be. I want to become a minister...
famous words from Alfred E. Newman: "What, me worry?"
 

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