QUESTION
Does my brother have a chance of claiming his former property lost throught a divorce?
Asked on Feb 22nd, 2014 on Divorce - Nevada
More details to this question:
My brother was ill when his then wife pushed through the divorce. He never signed the papers so the divorce was a default. My brother was being mentally abused by his alcoholic wife and her cocaince addict son. I believe that son could have been drugging my brother to keep him incoherent and confined to his bed almost 24 hours a day. He was in no frame of mind to deal with any legal matters. I could not believe my brother's poor mental and physical condition when I saw him. I tried to get him an attorney to look at the papers for him, but told me to stay out of it because it was a community property state and everything had to split down the middle. But she kept the house, all of her investments, and half of my brother's 401k. All my brother got was the other half of his 401k. This divorce when through when my brother was under extreme mental digress and physically ill. The ex wife died in a month ago from her alcoholism can my brother reverse any of the divorce award?
1 ANSWER
Maybe. There are various doctrines in play, including that of correction of judgments, omitted assets (maybe) and the concept of finality of judgments. You don't say how long ago all of this happened, which may well make a difference. Death of one of the parties is a further complication, because the assets in question are now part of that probate estate. Quite a mess.
If your brother wants to really know his rights and obligations, if any, as to any of this, he should gather all available paperwork from the time of the divorce, including the orders, any account statements, and at least a list of what assets existed, and see a competent family law specialist.
At this moment I have a case pending before the Nevada Supreme Court which may alter the landscape of omitted asset cases somewhat, but he should not wait for further legal developments; in any such situations, time is not your friend. If you brother wants information, or options, he should move as quickly as possible to get answers.
Answered on Feb 23rd, 2014 at 3:05 PM