military death benefits

[bgleah]

What is the name of your state? WA

My brother recently was killed in Iraq(july 26th 2007). Before he enlisted his wife left him, for someone else. When he returned home from basic training they went through and completed all their divorce paperwork. He was under the assumption that the divorce was final. We discovered it wasn't because she was receiving benefits. Apparently she withheld a paper that my brother was to sign, something about them agreeing to take a 3 hour class since they are parenting in different states. So my brother redid his will and all of his paperwork with a military attorney making it absolutely clear, without any doubt that he wanted EVERYTHING to go to his infant daughter in a trust. And his daughter was listed as his sole beneficiary on his insurance/death benefits paperwork. BUT, because the were still "legally" married, although separated and pending divorce, it all ended up going to his wife (ex-wife). When the military fills out the forms for submitting payments for such things.. they don't even look at the will or benefit paperwork.. it's just a yes/no question on if there's a spouse, and they send it to them, and if there isn't then it goes to dependants, if any. What should we do, or is there anything we can do. Our family can't afford to get a probate. His story has gotten alot of media coverage, and it was focused on his going into army for his daughter, that all he wanted was to ensure her future and that she'd go to college and such.... so we were considering writting to congress and state reps and including copies of will and benefit paperwork, and letters from my brother about the subject when he was filling them out.. would that honestly do us any good..?

 

[SHORTY LONG]

What is the name of your state? WA

My brother recently was killed in Iraq(july 26th 2007). Before he enlisted his wife left him, for someone else. When he returned home from basic training they went through and completed all their divorce paperwork. He was under the assumption that the divorce was final. We discovered it wasn't because she was receiving benefits. Apparently she withheld a paper that my brother was to sign, something about them agreeing to take a 3 hour class since they are parenting in different states. So my brother redid his will and all of his paperwork with a military attorney making it absolutely clear, without any doubt that he wanted EVERYTHING to go to his infant daughter in a trust. And his daughter was listed as his sole beneficiary on his insurance/death benefits paperwork. BUT, because the were still "legally" married, although separated and pending divorce, it all ended up going to his wife (ex-wife). When the military fills out the forms for submitting payments for such things.. they don't even look at the will or benefit paperwork.. it's just a yes/no question on if there's a spouse, and they send it to them, and if there isn't then it goes to dependants, if any. What should we do, or is there anything we can do. Our family can't afford to get a probate. His story has gotten alot of media coverage, and it was focused on his going into army for his daughter, that all he wanted was to ensure her future and that she'd go to college and such.... so we were considering writting to congress and state reps and including copies of will and benefit paperwork, and letters from my brother about the subject when he was filling them out.. would that honestly do us any good..?

First, on behalf of the Forum, we offer our sincerest and deepest gratitude for his Service to our Country;
and express our sincerest condolence to you, and your family for his loss.

Since there has already been news coverage, have you spoken with a news reporter about this?

Have you contacted JAG to speak with a Military Lawyer?

Have you contacted Army HQ in Wash. D.C.?

If you have done the above, and still are not satisfied, then yes, contact your Congress & Senators at the Federal Level.

This is a sticky situation, given the dates, and the fact that they were not yet divorced. From
the surface, one would surmise that a bona fide will would supersede a marriage contract.

 

[fozzy2]

First, insurance payments are usually not covered by probate. An insurance policy is a contract between the insured and the insurerer. I would imagine that SGLI and other insurance is the main 'benefit' being discussed here? There should be an "election form" which lists who the insurance policy was payable to. This "election form" controls who gets paid under the policy -- not the will. Whether or not he was divorced should not normally be an issue.

On his insurance "election form" (NOT his will), did he specify the benefits were to go to his kids, and if so did he name a guardian/conservator? Or did he fill in the form with "By Law", in which case federal law controls who gets the money (and usually the spouse is first in line)?

Usual Caveat: I'm not a lawyer, and even if I were "wills & trusts" would not be my specialty.