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..?
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..?