Legal Question in Family Law in New York
Divorce Law
My boyfriends parents were in the
process of a divorce for the past
couple of years. During disclosure,
my boyfriend's father claimed not to
have an employment agreement
therefore, he wouldn't owe his
mother a part of his 401K, bonuses,
etc from work. Unfortunately, his
father passed away two weeks ago.
It has now come to light that this
employment agreement was valid a
month before disclosure. Included in
the employment agreement was
401K, bonuses, paid vacation, plus
other details. Is my boyfriend's
mother entitled to a part of this
contract being that she wasn't told
about it at disclosure? If yes, what is
the next step?
3 Answers from Attorneys
Re: Divorce Law
If your friend's parents were not divorced at the time of the husband's death, the wife AS, surviving spouse, is entitled to all and whatever a surviving spouse is entitled, by will or under law.
If a surviving EX Spouse can prove misrepresentation or fraud re the Ex and their divorce settlement Agreement. And, such misrepresentation or fraud, substantially damaged the surviving spouse, the surviving spouse may have a claim against the deceased' Ex's estate, for damages.
Good luck,
Re: Divorce Law
Is she represented by an attorney? If so, then she must consult with her attorney. If not then she may need an attorney to make the court aware of this new discovery. She can contact me at www.traceyabloodsaw.com
Re: Divorce Law
You should consult with an experienced estates attorney - this is not a family law issue.
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