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Sailor Obtains Guardianship Over Step-Child with Pro Bono Legal Help

July 31, 2017

A Navy servicemember had guardianship over his step-child from an order issued in another state. After the child’s mother and the servicemember got divorced, they reached a guardianship agreement for visitation because the servicemember has been the child’s acting father figure. However, unfortunately, the mother was recently killed in a car accident and the biological father previously lost all paternity rights so, in order for the child to be placed on the sailor’s health insurance and become a dependent of the sailor in the event of the servicemember’s change of duty station, the sailor wished to obtain permanent child custody.

The sailor had been attending court hearings out of state in this matter but was financially unable to continue travelling and the servicemember’s military legal assistance office determined that this service was beyond the scope of what it could supply. Fortunately, the ABA Military Pro Bono Project was able to quickly refer the servicemember to a team of pro bono attorneys who analyzed the jurisdictional issues involved, completed the necessary paperwork and ultimately secured a guardianship order for both the sailor and his wife—permanently reuniting the servicemember with his step-child and providing the family with greater stability.

Sailor Saves Mother’s Home with Volunteer Legal Assistance

June 30, 2017

A Navy servicemember’s mother had recently passed away while the sailor was deployed. Her mother had a will, and the servicemember was her mother’s only child. The sailor and her husband had been residing in the mother’s home to take care of her and the servicemember was particularly concerned about how to handle her mother’s reverse mortgage on her home that ultimately resulted in foreclosure proceedings. The sailor needed legal assistance to probate her mother’s estate, get the home in the servicemember’s name, secure a mortgage to pay off the home and fight the foreclosure proceedings. Within a few days, the ABA Military Pro Bono Project was able to refer the sailor to an experienced pro bono attorney in her jurisdiction to assist her with probate proceedings and resolve the foreclosure matter.  With the able assistance of the servicemember’s pro bono attorney, the sailor and her family are now living in the house her mother bequeathed to her.

Sailor Divorces Abusive Husband with Pro Bono Legal Help

June 1, 2017

A Navy servicemember was a victim of domestic violence by her husband, who had been administratively discharged from the Navy for spousal physical abuse toward her. The sailor obtained an order of protection against him and filed for divorce without an attorney. Her husband responded by objecting to the divorce and sought maintenance from her. As a result, a pretrial conference was scheduled and the servicemember required legal assistance to represent her in the divorce proceedings.

The ABA Military Pro Bono Project quickly referred the sailor to an experienced family law attorney in her jurisdiction who was able to get the case set on an expedited track and draft a preliminary marital settlement agreement. Within a few months, the servicemember was ultimately able to obtain a default judgment against her husband for dissolution of marriage. With the assistance of her volunteer attorney, the sailor can now move forward with her life and military duties without obligation to or fear of her former spouse.

Soldier Obtains Guardianship Over Minor Sister-in-Law with Pro Bono Legal Help

April 28, 2017

An Army servicemember’s minor sister-in-law, a U.S. citizen who was residing with the soldier and his wife but whose undocumented parents were unable to care for her, required guardianship in order to continue residing with the soldier on the military base and obtain military healthcare coverage. The minor and her parents consented to the guardianship, and the soldier had the means and motivation to continue raising the minor, so the servicemember was seeking pro bono help to obtain the court-ordered guardianship over her.

The ABA Military Pro Bono Project quickly referred the soldier to an experienced pro bono attorney in her jurisdiction who was able to obtain written consent of the parents in Mexico, secure another pro bono attorney to represent the minor and file the necessary paperwork to obtain the guardianship for the servicemember. Due to the pro bono services of the soldier’s attorney, the servicemember can continue his military duties with the assurance that the minor permanently resides with him and is now enrolled in the military healthcare system as well as the on-post school system.

Marine Claims SCRA Violation by Auto Finance Co., Recovers Security Clearance with Pro Bono Help

April 10, 2017

A Marine purchased a vehicle prior to entry of active duty and financed it through an auto finance company. The servicemember originally set up automatic payments through his local bank account and, prior to leaving for boot camp, informed the finance company that he would start receiving his military salary from a military credit union and requested the discontinuation of the automatic payments from his local account. Nevertheless, the finance company did not stop the automatic payments and overdrafted the Marine’s original account. The servicemember then requested that the finance company reduce his interest rate to six percent, pursuant to the Servicemembers Civil Relief Act (SCRA). In response, however, the company repossessed his vehicle and sold it at an auction without a court order, also in violation of the SCRA. This repossession and collections process obstructed the Marine’s ability to acquire the computer access required for his military duties.

The servicemember’s military attorney attempted to contact the finance company on his behalf yet did not receive a response, so the ABA Military Pro Bono Project was able to quickly refer the Marine to an experienced pro bono attorney. This volunteer attorney was able to conduct extensive research on the matter, interview the Marine about his situation and correspond with the auto finance company on several occasions. The attorney’s efforts resulted in a successful resolution which included the elimination of the Marine’s debt, a commitment to clear up his credit history and an affidavit to obtain the security clearance the Marine needed to remain in the military and further his career.

Soldier Restores Credit, Retains Security Clearance with Pro Bono Legal Help

February 28, 2017

While deployed overseas, an Army servicemember received notice that a relative improperly used a power of attorney to buy a house in the soldier’s name and that the relative had defaulted on the mortgage payments. The servicemember promptly sent funds to get the mortgage current. However, soon thereafter the soldier discovered that the relative continued to be behind on the mortgage and as a result, the servicemember’s credit score had decreased significantly.  The soldier was aware that a foreclosure could jeopardize her security clearance and military career and, therefore, needed help to take action. The ABA Military Pro Bono Project referred the soldier to an experienced pro bono attorney in her jurisdiction who was able to negotiate a new agreement with the relative and persuade the mortgage holder to consider a loan modification. The relative reneged on the agreement, however, and the attorney quickly moved to evict the relative and arranged for a short-sale of the property. Ultimately, due to the assistance of her volunteer attorney, the matter was resolved leaving the soldier’s credit rating restored and her security clearance intact, thereby allowing the servicemember to continue to pursue her military career with confidence.

Volunteer Attorney Helps with Estate Planning for Sailor and his Disabled Brother

January 30, 2017

A Navy servicemember, whose parents were deceased, was the guardian of his incapacitated adult brother. The sailor wished to name his brother as beneficiary in his will and create a special needs trust for his brother’s benefit. The sailor’s military legal assistance attorney was not permitted to prepare the trust and therefore referred the case to the ABA Military Pro Bono Project, which placed the servicemember with an experienced pro bono attorney.

The sailor’s attorney was able to explain the estate process to him and ultimately draft a will with a special needs trust naming his brother as the beneficiary.  In addition, the pro bono attorney also drafted a durable power of attorney, medical power of attorney, living will, and an appointment of agent for disposition of remains naming the sailor as agent.

After the documents were completed and drafted, the servicemember’s attorney forwarded the documents to his military legal assistance attorney who arranged for the client to sign and execute the documents on base. With the expertise of his pro bono attorney, the sailor was able to return to his military duties with the comfort that the necessary paperwork was in place for him to properly make decisions for and benefit his disabled brother.