Question: When I began my divorce case, my lawyer said it would be necessary to get an immediate order restraining him from transferring or disposing of assets. I thought this had been done; however, during the case, my husband died suddenly of a heart attack. Only then did I learn that he had changed the beneficiaries of the biggest assets - his life insurance and IRA's - from me to his children by a prior marriage. He did this after I started the case. My divorce lawyer says to file a claim against his estate, but the estate lawyer tells me I will lose.

Answer: Death and Divorce are uncanny bedfellows. The matrimonial law of each state is different when it comes to whether your property rights vest and, if so, when. For example, the law of some states is that a spouse’s rights to equitable division of assets vests at the time the action is filed, meaning that the matrimonial case can continue after the death of one or both spouses.

Changing a beneficiary may not be considered to be a “transfer” or a “disposition” because the beneficiary's interest is conditional up until the death of the insured or owner of the IRA. Had your husband lived, the court could have dealt with and divided these assets. But he didn't live, so in our view, the court must decide whether the change of beneficiaries affects your interests – assuming they were vested.

Question: I am 36. Shortly after I hired my lawyer, he began making sexual advances toward me. I was in counseling and very vulnerable. I submitted. He handled my case for free. When I could no longer afford to stay in my home, he moved me and my son into a house he owned. He gave me cash to pay rent to a realtor and to pay for my living expenses because I don’t work.

He said not to tell anyone about the cash I was receiving. I got custody of my son, a small amount of money, and child support, but no alimony -- which I needed. He told me not to worry because he would take care of me. Now, for the past nine months, I have been a virtual prisoner. He is very possessive, and even checks up on me with detective buddies of his who work for the city police. He knows that I have no money and threatens that if I disrupt things, he will evict me and my son. I am afraid to do anything to make him mad.

Answer: Lawyers must fulfill certain basic responsibilities to our legal system. One is to neither counsel nor assist a client in an activity which the lawyer knows is criminal or fraudulent. Another is not to make false statements to the court or to offer evidence which the lawyer knows to be false. Apparently, your lawyer not only breached these duties but also helped you commit perjury and violate income tax reporting requirements, and probably engaged in income tax fraud himself.

Since you have participated in what may be criminal acts, you might be wise to contact a competent criminal lawyer to learn your rights. Then, you can contact the attorney general of your state to begin disciplinary proceedings against your lawyer. No matter what you do, you may find yourself homeless and penniless unless a lawyer out there agrees to help you.