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About David Disraeli
Expertise
I can answer questions about living trusts, why you would or would not want one. I can also answer questions about estate tax reduction and advanced charitable giving, family partnerships and asset protection. I may have already answered your question here: www.lifeplanblog.com

Experience
I have worked for 23 years with clients and their attorneys to formulate estate plans to meet client goals. I have found many mistakes made by client attorneys and were able to have them corrected. I focus on making sure that beneficiaries are protected from current or future spouses and lawsuits so the wealth stays in the family.

Publications
I am an expert in the college planning section of this website

Education/Credentials
Certified Financial Planner 1994

You are here: Experts > Money > Wills/Estate Planning > Trusts & Estates Law > Life insurance / husband's suicide/ military

military

Expert: David Disraeli - 11/5/2009

Question
My husband was an active duty service member enlisted in the army. He suffered from Post Traumatic Stress Disorder and underwent treatment for several months. Unfortunately, the treatment was not effective and he committed suicide a few months ago. At the time of his death I had a military protective order and a domestic violence restraining order against him to protect my son and I from his violent behavior. He was served with a court order restraining him from transferring community property, including changing the beneficiary on his life insurance. After being served, my husband knowingly violated the court order and changed the beneficiary of life insurance to his sister. I was the original beneficiary and I was not notified of any changes until after his death. The military is aware of this issue, I have submitted the court order to JAG, they know I am the original beneficiary and that my husband violated a court order by changing the beneficiary to his sister and yet they still have not made a decision on who the money should go to. The military paid his sister the death gratuity payment of $100,000 within 48 hours of my husbands death without notifying me. The remaining $400,000 of life insurance money is on hold, pending JAG's decision.
I am his wife and the mother of his child. I tried my best to help him with the mental and emotional problems he had as a result of going to war. When he became increasingly violent, I had to protect my son and do what I thought was best. At the urgency of his commanding officer, I sought a protective order and got away from him before his violence killed us. I do not think the military did everything they could to prevent this tragedy and I certainly do not feel they have handled this very well. My son and I went without any financial support for almost two months after my husband died because the military gave the death gratuity money to the wrong person and they have yet to correct this situation.
I need advice and I would like to know if an attorney can help me with this matter. If so, what type of attorney do I need to contact? Any help you can give me is very much appreciated.
Thank you for your time,
Stacey

Answer
Sorry to hear about all your grief. You do need an attorney. I would suggest contacting the local bar association for a referral. I would talk to several attorneys before you decide on one. I wish I could be of more help. Any litigation attorney should be able to sort this out. Seem pretty straightforward that you should get the money but I'm not an attorney.

Will his sister help knowing what you've been through?

Let me know,

David Disraeli, CFP

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