Suggestion of Death
This is a discussion on Suggestion of Death within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; TX - After 13 years of marriage, we both paid the same lawyer for uncontested divorce terms; I moved to ...
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#1 |
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Junior Member
Join Date: Nov 2008
Posts: 5
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Suggestion of Death
TX - After 13 years of marriage, we both paid the same lawyer for uncontested divorce terms; I moved to AZ. He became ill with pancreatic cancer, and had the lawyer revise the final decree, much to my objection, which I signed under duress, within a week of the court date. My husband died on THE day of our divorce @ 4 a.m. BEFORE the divorce was granted, but I was NOT notified, receiving the "Suggestion of Death" via regular mail from the lawyer a week later. This tactic allowed time for husband's sister, who lied on the death certificate by not naming me as the surviving wife, to transfer my RV (another story, but I have documents) to husband's girlfriend of 6 months. The lawyer will not produce proof of a will or executor assignment, and the SoD states "case dismissed."
QUESTION: Death occurred on 1/31/06. I believe I have a right and reason to sue both parties, am hoping to secure legal aid, and concerned about the time frame. |
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#2 |
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Guest
Posts: n/a
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This is what duress means: unlawful compulsion (as threats of physical violence) that induces a person to act against his or her will: "coercion" What were the threats? And by whom? What proof do you have of duress?
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#3 |
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Junior Member
Join Date: Nov 2008
Posts: 5
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'Duress: in law, coercion illegally applied', per Webster.
The original uncontested decree was sent for me to sign on 1/04/06, and was followed by a phone call from the lawyer's office. I was told that a revision needed to be made, and NOT to sign the first one. I received the second one on 1/09/06, which stated that the RV was to be his property. I argued with husband, the lawyer, the ex-sister-in-law. I had paid $20,000 cash with my inheritance for it two years prior, but let him use it so he wouldn't be homeless -WITH the understanding it was to be returned. I told them I would not agree to this, and that I was already in grief over the death of my first husband of 16 years only 90 days earlier (11/31/05). I fretted for two weeks, made and received several phone calls, but was told that the hearing date was set for 1/31/06, there was not time to change the paperwork again, and that for "his sake and peace of mind I should give him the divorce." He was on his deathbed. I was on the verge of a nervous breakdown when I signed and returned the papers on 1/23/06. He died 1/31/06 at 4 a.m. I didn't even know it for an entire week. It was a conspiracy. |
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#4 |
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Moderator
Join Date: Apr 2008
Posts: 1,910
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Sorry, but that is not "duress".
You apparently signed this of your own free will. To get out of it, you may have to prove deceit or fraud on their part, and you will need a lawyer to help you. |
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Suggestion of Death






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