QUESTION

Is my sister entitled to her husband's retirement pension/ savings?

Asked on Sep 09th, 2017 on Divorce - New York
More details to this question:
My sister is a goodhearted nurse and mother of four (one who died at age eight), and married to a psychological abuser for 27 years. He waited until our mother died suddenly, and our father was actively dying to sue for divorce, and threatened her with " If you try to take any of my savings or retirement, I will make you homeless". She was scared and very emotionally vulnerable, and her own lawyer may have been sick at the time because he died right after the divorce. Her Ex left her with ALL the credit card debt, parent education loans for their sons, both mortgages on the house, and he walked away debt free. He kept many thousands in savings (earned and saved during their marriage)and all of his retirement benefits. She has been struggling horribly ever since. She is employed, but 60 years old and horribly in debt. Can her divorce be renegotiated? She is afraid to contact a lawyer to find out because she's afraid she can't afford it.
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2 ANSWERS

Residential Real Estate Attorney serving Commack, NY at Howard E. Knispel, P.C.
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Is she already received her divorce it is very difficult to undo that. While child support can be modified, property distributions usually can not unless there was outright fraud. She should speak to an attorney.
Answered on Sep 11th, 2017 at 8:02 AM

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Civil Rights Law Attorney serving Rockville Centre, NY
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If your sister's attorney negotiated a very bad divorce agreement which your sister signed at his urging, this may be legal malpractice. But the statute of limitations is three years to start an action for legal malpractice, and you say the attorney is deceased, so it's not clear you has time to sue and even if she did, whether any judgment would be collectible, which wold be possible only if the estate is solvent. It may be possible to have the agreement rescinded on grounds of unconscionability depending on the terms.
Answered on Sep 11th, 2017 at 5:37 AM

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