Soldier 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..?

 

[moburkes]

I doubt there is anything you can do.

 

[bgleah]

I talked to JAG

The Judge Advocate General's office at my brother's base in Texas stated that I need to find my brother's SGLI (life insurance) form. That if it states that it goes to his daughter then they'll make her give the money up to the trustee to put in her trust account.. if they're listed as joint beneficiaries then she'll have to give up the portion that is her daugthers.. and if she's listed souly then it goes to her.. BUT his will mentions his insurance/death benefits and that it goes to his daughter.. so we would have to see if that overrides the SGLI paperwork...

 

[moburkes]

A life insurance policy passes outside of a will.

 

[lwpat]

A will does not control life insurance benefits so it doesn't matter what is in the will. Was the daughter listed on the insurance or not is the only question. First you said she was and you had copies and then you say you need to find the form? It doesn't matter if the divorce was final or not if the ex was still listed as beneficiary.

You can do probate on your own. Go down to the courthouse and file to be his personal representative. Then you can request the information if you don't have it. The only problem is that even if the money is put in a trust she can probably get control as the mother. Where is the child?

My sympathy for your loss. You need to be proud of your brother and I commend you for trying to look after your niece.

 

[Dandy Don]

You have described an amazing unsolved mystery and then left the most tantalizing piece of information out of the equation--where is the SGLI form and what does it say about beneficiaries? This is going to be the determining factor, seeing who he has named as primary beneficiary. What is the payout value of the insurance policy?

If you don't find it in his personal papers, you may want to request it from his personnel file and/or contact the Office of Servicemembers Group Life Insurance at 1-800-419-1473 to inquire to see how the payments were handled. You may be able to do this yourself as an interested family member and they may or may not release information to you--most companies prefer to deal only with the executor of the estate.

This is a common mistake that many people make--forgetting to send a separate beneficiary designation change form in to the insurance company and they mistakenly think that the will will change everything, when it doesn't. It would be best if an attorney (not necessarily a probate attorney, because a civil attorney could also handle this) reviews ALL of the paperwork involved to see if perhaps there was a screwup in the military bureaucracy as to how his case was handled and if the correct payee was made, and you would think that with as many cases as they handle that things would be done correctly but you never know until you actually investigate to see what has happened.

As a side note, you need to know for sure whether the divorce actually went through and a divorce decree was issued or not (check at the county courthouse for that information), as her status as a divorcee or not will affect the death payment benefits but NOT the life insurance.

Is it also possible that you could ask the military attorney who helped your brother also help you out with this if his help was needed? Do NOT go to your local political representative with this. I am somehow hoping that this will come out with a good outcome since you are trying to protect the interests of your niece.

DANDY DON IN OKLAHOMA ([email protected])

 

[Dandy Don]

The specific form you are looking for is SGLV-8286, Servicemembers Group Life Insurance Election and Certificate, which you can see a sample of by doing a Google search for the search term "SGLI" or "SGLV-8286".

DANDY DON IN OKLAHOMA ([email protected])

 

[bgleah]

The specific form you are looking for is SGLV-8286, Servicemembers Group Life Insurance Election and Certificate, which you can see a sample of by doing a Google search for the search term "SGLI" or "SGLV-8286".

DANDY DON IN OKLAHOMA ([email protected])

Thank you, you've been sooo helpful. So.. when we first received his belongings the paperwork was included in that. We went through them and to the best of our knowledge it stated that his daughter was beneficiary. We skimmed through everything specifically looking for his wife/ex's name and we saw in no where except in the divorce and separation paperwork. Then, all those papers went to our father in Idaho. so I'm having him go through them again now to varify what it said. Now I'm trying to determine if she's considered an "eligible spouse" and is entitled to his death benefits.. his $100k death gratuity specifically. We'd like that to go to daughter as well.

 

[free_spirit_etc]

I think the SLGV insurance has some pretty strict standards - that the serviceman can name anyone they chose as a beneficiary. I remember reading a case where some guy was court ordered to name his ex as beneficiary - and he didn't do that. But she couldn't override his beneficiary designation - because the law states a service person can name anyone they want.

But insurance passes outside a Will - so naming the beneficary designation on the insurance will usually stand no matter what the Will said. Though I would imagine the military attorney would KNOW that. I can't imagine a person going to the base attorney, telling them that they want to name their daughter, instead of the ex - and the attorney only listing that in the Will - and NOT making the change on the insurance policy. That would be VERY odd - as military attorneys are so used to dealing with the military system - and know all the regualtions.

As far as the Will is concerned - if his wife was still "legally" married - in most states the widow can renounce a WIll and take their statutory share (what they would have recieved if their was no WIll). However, the court should protect the interests of the minor child through a trust.

Did you brother name a guardian / trustee for his daughter?

I am sure her mother will want to be named the guardian / trustee of any trust - but if your brother named someone else - they should get to handle the money.

I have known widows whose husband's died with NO Will - and they have gone through all kinds of troubles - even married happily at the time of the husband's death - because the court is interested in protecting the Estate's of the Minor.

I would suggest you talk to the Casualty Office with whatever branch of military your brother was in. There are MANY more resources than just his life insurance available for his daughter.

You will want to check out DIC payments, educational benefits, health coverage, etc. There should be a lot of benefits his daughter can recieve.

His wife / ex can also probably recieve benefits - if the marriage was still legally valid.
This could be a bad thing - or it could help his child's mother be able to afford to better take care of - and provide a home and care to - his daughter.

Free

 

[free_spirit_etc]

You might want to contact a local Veteran Service Organization, as well as the Casulty Office for the branch of military.

The VA CAN be helpful, but based on experience, you may want to check out anything you are told (i.e. you can call the toll-free number 8 times and be told 10 different things).

Getting a VSO (Veteran's Service Officer) gives you someone to work with who is a bit more accountable for what they tell you - as they are working specifically with you.

The military is usually pretty good about making sure their members have ALL their legal papers in order before they are deployed.

I know this is a rough time right now, but there might be a better paper trail than you know of right now.

Different programs have different standards. Some pay the listed beneficiary. Some pay the surviving spouse. Some pay different people in various order. It all depends on their standards of distribution - and the VSO or Casualty Assistance Office should be able to help with this.

I have found that the military is VERY much a stickler for going by their paperwork and standards. And I am surprised they paid anything that quickly.

If they did, indeed, make a payment to your brother's (ex)wife in error, that can be rectified. But if their records show that she is the beneficiary, they would most likely make the payment to her. Many of their offices dictate the beneficiary must be on file with THEM to be valid. That would mean if your brother signed a change of beneficiary - but did not send the signed form to THEM - they could declare the change invalid. That doesn't mean you couldn't fight it - but it would be much harder.

But again, it certainly would seem like if your brother was so adament in declaring in his Will that the life insurance would go to his daughter - the base attorney should have helped him or instructed him to also change the beneficiary designation on the life insurance - as the base attorney should know that needed to be done.

Did your brother's Will name an executor or a guardian for his daughter?

ANd again - there are MANY OTHER benefits available to his daughter through the VA and Social Security you will want to check out.

Free