My father passed away last Sunday. His divorce from his ex-wife (not my mother) was final in May 2006. He did not change the beneficiary on his life insurance before he died. The ex-wife is still on the policy. He had a messy divorce with her where he had to pay her a lump sum amount of money and she would therefore have no right to his assets. The divorce decree did not specifically state anything about the policies though. Is there a way that my brothers and sisters can fight this so that she is not given the money? My father clearly did not want her to have it, she was estranged from him (Iiving in another state) for over 5 years (they were legally married under 5 years). He has had restraining orders on her etc. Does any of this matter or will she wind up getting the money anyay?
2007-01-21 08:23:32 · 8 answers · asked by Stacey L 2 in Family & Relationships ➔ Marriage & Divorce
You definately need to talk to a lawyer. Also, listing your father's state of residence would be helpful, some states have specific laws regarding divorce and beneficiary designations. The designation could be revoked based soley upon the divorce proceedings. You can email me if you want and I can look it up for you if you let me know what state he lives in. (I work in life insurance claims).
Also, if the state does not list a specific statute regarding this and you do want to fight it, make sure the money is worth fighting for because, yes, you probably do have legal ground to stand on, however, it gets very expensive when you turn to an attorney for help and can use up a lot of the funds anyway. If a settlement can't be reached it can sometimes go to the courts to decide and the insurance company has to hire a lawyer AND they can make the claimants pay their attorney fees out of the proceeds. This is all general of course, find an attorney to talk to who doesn't charge you for the first visit to examine your situation. Attorney's are always your best bet when it comes to knowing what rights you have.
2007-01-22 13:38:16 · answer #1 · answered by sarahdenise24 2 · 0⤊ 0⤋
First of all, sorry for your loss.
Second of all, you guys have a BIG problem here. YES she is entitled to that money & YES she will end up getting it because she is the beneficiary. Married to your father or not won't change what is on the Life Insurance Policy. If she is the sole beneficiary, she's the one that ends up getting paid. In result of your father not changing this by removing her name off the policy really doesn't change anything at all. If you can find a GOOD lawyer who specializes in Probate & Family Law, you might stand a chance in fighting for this money. You may not win this case right away, it can take several years to clear up this matter if that were so, plus you may not even win the case. However, you have to consider what it's worth because lawyers like these cost a lot of money & therefore in the long run may not even be worth it because the cost will eat up whatever the beneficiary collected (which she probably would have spent the entire thing by the time this case settles the money will be gone anyway). You guys might end up with very little of it or nothing at all. It will just cause even more stress & disappointment to your family.
You can talk to this lady maturely & hope that she will turn the money over to your family where it belongs. That's not always the case though, because of money, almost all people become evil & greedy. It might sound almost impossible to get her to give you guys the money, but you never know. What you think is a evil woman might really be a caring individual. Who knows right? just because she had a messy divorce with your father, it doesn't mean she will get messy with you guys. We don't know that though. It's just something we are hoping & praying for since death here is the main concern. You can try though, it does not hurt to try. I hope everything works out well for you all.
take care & god bless!
2007-01-21 08:56:23 · answer #2 · answered by sugarBear 6 · 0⤊ 0⤋
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RE :Life Insurance question?
My father passed away last Sunday. His divorce from his ex-wife (not my mother) was final in May 2006. He did not change the beneficiary on his life insurance before he died. The ex-wife is still on the policy. He had a messy divorce with her where he had to pay her a lump sum amount of money and she would therefore have no right to his assets. The divorce decree did not specifically state anything about the policies though. Is there a way that my brothers and sisters can fight this so that she is not given the money? My father clearly did not want her to have it, she was estranged from him (Iiving in another state) for over 5 years (they were legally married under 5 years). He has had restraining orders on her etc. Does any of this matter or will she wind up getting the money anyay?
Follow 6 answers
2016-09-11 02:27:04 · answer #3 · answered by ? 6 · 0⤊ 0⤋
term assurance -the place assurance is bought for a designated era (many times a 300 and sixty 5 days, or for point classes which includes 5, 10, 15, 20 even 25 and 30 years) the place a dying earnings is barely paid to the beneficiary if the insured dies during the specified era. on survival no longer something is payable everlasting existence assurance is a sort of existence assurance which includes entire existence or endowment, the place the coverage is for the existence of the insured, the payout is assured on the top of the coverage (assuming the coverage is saved modern) and the coverage accrues funds fee.
2016-10-07 12:31:40 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Damn, I dont have any advice I just wanted to thank you for posting this question. I am soo sorry to hear about your loss but I do want you to know that your question made ME ask my parents about their affairs. I am sure that it is a small condolence but you have helped alot of people think about (or in my case make plans to discuss) important information that is not discussed often enough! THANK YOU!
P.s. Maybe the one of you who hates this bytch the least can call her and tell her that you want to avoid an 'anna nicole smith' trial by settling out of court! If she says no, I would litigate until the estate is worth fifty cents before I watched her walk away with a dollar!
2007-01-21 11:05:56 · answer #5 · answered by kissmymiddlefinger 5 · 0⤊ 0⤋
I'm not a lawyer, but I'd have to say she'd still get the money because her name is on the insurance papers, married or not. Consult a lawyer to see what options are there for you and your family. sorry for the loss of your father....
2007-01-21 08:29:00 · answer #6 · answered by chnchita 4 · 0⤊ 0⤋
There is nothing that you or your siblings can do. The insurance policy as it is written is legal and binding and she will get the pay off. It is not HER fault your father didn't change the policy.
2007-01-21 10:11:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Talk to a probate lawyer. I think you have a leg to stand on in this.
2007-01-21 08:29:29 · answer #8 · answered by Anonymous · 0⤊ 0⤋