My question involves estate proceedings in the state of: Utah
I am a same sex married black man, just so happen to be married to a white-Italian man at time living in Utah. While there is more to what I am posting, to get to my question I will attempt to type what I think is prevalent to subject.
My husband passed away last year in November. (Note: I say husband now because I was legally married to him after he passed away. My husband and I lived together for 29 years. Utah doesn't have a common law in it's state. I had to go through legal proceedings to make this happen. I want to preference this by stating that my husband had name me as primary beneficiary of everything with the exception of one thing, which is not what I am posting about. The reason I am typing this is because it will make sense of my post in the end).
As I was going through legal proceedings with my husband's brother/family, I requested that my lawyer get copies of all documents that pertain to beneficiary matters. During this process my attorney was trying to make a settlement with my husband’s family so that they wouldn't object to my marriage and legal representation of my husband. Despite my adamant demands that my lawyer have the opposing counsel to provide him documentation as a part of the settlement he didn't. I didn't stick with my instinct and I was so emotionally drained with everything, specifically my attorney stating, “ that it will cost me more, I didn’t want to have to face a trial and have to listening to what my husband’s family may claim, as well as jeopardizing my chances of being married to my husband” I gave in.
My attorney was aware of what was important to me, which was being married. My attorney went to extremes to tell me that my husband’s brother attorney/brother wouldn't accept the terms.
What is questioned here is that a change of beneficiary form which was filled out by someone at his place of employment, my husband’s brother, and allegedly my husband while my husband was in the hospital, two weeks before he passed away.
This change of form from what I know now was not attached to any type of policy and one doesn’t exist. (There isn’t any type of life insurance applications for this change of beneficiary form, but 70000 was distributed out to his brother, which I just found out a week ago. The form allegedly was completed and signed by my husband two weeks before he passed away. If anyone compared and contrast the writing on this form and any of my husband’s previous documentations, there is a noticeable difference. (I have to note this, my husband and his brother are identical twins
When I received the copy of the change of beneficiary form I questioned it. I sent an email to the benefits coordinator, the person who sent me the copy of the signed form and requested for her to provide me with who was all involved with the signing of the form and when it took place, she couldn't. She responded through email that she was instructed by my husband’s employer to send a blank form to them and that is what she did. She stated that she had no idea who and where the completion of the form took place. She stated that this was the original form for the change of beneficiary and there wasn't any other application work that went with it. (Note: I sent the same email that I sent to the benefits coordinator to my husband’s employer and their lawyer). I haven’t received a response to my questions. (Note: This is the type of treatment I have been receiving since my husband was in the hospital. The HR head whom resides at my husband’s place of employment is more so like a friend to my husband’s identical twin brother. She's refused to provide me with any information, as well questioning my authority of my husband’s medical decisions while he was hospitalized. Both my husband’s employer and benefits administration requested that I provide them with property court documentation which allow me access to my husband’s records, I do so accordingly, but they continue to refuse to provide the information or make-up excuses why they haven't responded.)
In the interim of all of this, the family tried to have me committed to a mental ward while my husband was in the hospital, to keep me from him and change directive of his medical decisions. Please remember this post is a very poor attempt at explaining what this post focus is about. I have been dealing with this for over a year, just come to find out that it appears, like I suspected that something illegal had happen with my husband's pension.
My question is what do you think that my options are, if any, when it comes to proving that this was a forged document, while my husbands was under distress and gaining access of my benefits that were distributed to my husband’s brother?
Thanks!
I am a same sex married black man, just so happen to be married to a white-Italian man at time living in Utah. While there is more to what I am posting, to get to my question I will attempt to type what I think is prevalent to subject.
My husband passed away last year in November. (Note: I say husband now because I was legally married to him after he passed away. My husband and I lived together for 29 years. Utah doesn't have a common law in it's state. I had to go through legal proceedings to make this happen. I want to preference this by stating that my husband had name me as primary beneficiary of everything with the exception of one thing, which is not what I am posting about. The reason I am typing this is because it will make sense of my post in the end).
As I was going through legal proceedings with my husband's brother/family, I requested that my lawyer get copies of all documents that pertain to beneficiary matters. During this process my attorney was trying to make a settlement with my husband’s family so that they wouldn't object to my marriage and legal representation of my husband. Despite my adamant demands that my lawyer have the opposing counsel to provide him documentation as a part of the settlement he didn't. I didn't stick with my instinct and I was so emotionally drained with everything, specifically my attorney stating, “ that it will cost me more, I didn’t want to have to face a trial and have to listening to what my husband’s family may claim, as well as jeopardizing my chances of being married to my husband” I gave in.
My attorney was aware of what was important to me, which was being married. My attorney went to extremes to tell me that my husband’s brother attorney/brother wouldn't accept the terms.
What is questioned here is that a change of beneficiary form which was filled out by someone at his place of employment, my husband’s brother, and allegedly my husband while my husband was in the hospital, two weeks before he passed away.
This change of form from what I know now was not attached to any type of policy and one doesn’t exist. (There isn’t any type of life insurance applications for this change of beneficiary form, but 70000 was distributed out to his brother, which I just found out a week ago. The form allegedly was completed and signed by my husband two weeks before he passed away. If anyone compared and contrast the writing on this form and any of my husband’s previous documentations, there is a noticeable difference. (I have to note this, my husband and his brother are identical twins
When I received the copy of the change of beneficiary form I questioned it. I sent an email to the benefits coordinator, the person who sent me the copy of the signed form and requested for her to provide me with who was all involved with the signing of the form and when it took place, she couldn't. She responded through email that she was instructed by my husband’s employer to send a blank form to them and that is what she did. She stated that she had no idea who and where the completion of the form took place. She stated that this was the original form for the change of beneficiary and there wasn't any other application work that went with it. (Note: I sent the same email that I sent to the benefits coordinator to my husband’s employer and their lawyer). I haven’t received a response to my questions. (Note: This is the type of treatment I have been receiving since my husband was in the hospital. The HR head whom resides at my husband’s place of employment is more so like a friend to my husband’s identical twin brother. She's refused to provide me with any information, as well questioning my authority of my husband’s medical decisions while he was hospitalized. Both my husband’s employer and benefits administration requested that I provide them with property court documentation which allow me access to my husband’s records, I do so accordingly, but they continue to refuse to provide the information or make-up excuses why they haven't responded.)
In the interim of all of this, the family tried to have me committed to a mental ward while my husband was in the hospital, to keep me from him and change directive of his medical decisions. Please remember this post is a very poor attempt at explaining what this post focus is about. I have been dealing with this for over a year, just come to find out that it appears, like I suspected that something illegal had happen with my husband's pension.
My question is what do you think that my options are, if any, when it comes to proving that this was a forged document, while my husbands was under distress and gaining access of my benefits that were distributed to my husband’s brother?
Thanks!
Heirs and Beneficiaries: Change of Beneficiary Form
Aucun commentaire:
Enregistrer un commentaire