Legal Question in Wills and Trusts in New Jersey

Who recieved the proceeds?

Can I have a credit union records subpoena for information as to who received the proceeds from my ex-husband's life insurance he had with the Credit union, or is their a federal privacy law preventing the Credit Union from releasing that information to my lawyer? How I go about getting that information and or records released I need the information before the end of October.

Please Help


Asked on 9/27/04, 11:48 am

3 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Who recieved the proceeds?

Have your lawyer submit a third-party request for production of documents to the credit union.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 9/27/04, 12:00 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Who recieved the proceeds?

Do you have an insurable interest in the policy? Unless you were entitled to a portion or all of the policy proceeds or to be designated as a beneficiary on the policy, by your Judgment of Divorce or your Property Settlement Agreement, this information can only be released by a Court Order directing that the information be released to you. Also, you do not indicate if the policy is or was subject to any matrimonial rights you may have or which were granted to you by the Judgment or PSA. If it was a pre-marital asset, not subject to your divorce, and no rights were granted to you as a result of the divorce, the Court may not grant you the right to have the information. You did not specify either the basis for your obtaining this information, or your need to obtain it, so these general answers are limited.

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Answered on 9/27/04, 12:43 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Who recieved the proceeds?

Excuse me...but, you say you have a lawyer currently handling this matter. What does your lawyer have to say about it?

I assume there must be some legal proceeding that you are a part of and is on-going. Financial records will be protected against unauthorized disclosure. You provide no reason for believing that the credit union would have any obligation to disclose the information you seek to you on a voluntary basis, in fact, they have a fiduciary duty not to disclose it. In order to get such information, you would certainly need a court order. To get a court order, you need to make the appropriate showing to the court as to why you should be entitled to receive the information you seek. Again, you don't provide any reason as to why you need the info. Do you think you may be entitled to the proceeds of your ex-husband's life insurance policy? In that event, speak to your lawyer about filing the appropriate motion with the court.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/28/04, 12:00 pm


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