Your a mother of four chirlden, your beloved husband, who has been married three times has passed away. You do not have his last name (but his second wife whom he divorced does). You are though legaly married. The second wife files for the insurance claim having still his last name.The sceond wife does have one child from the husband when they were married. The current wife has no children from him. The second wife takes the insurance. The husband left behind much debt. The current wife who did not get the insurance quick enough is left with her husbands debt, while the second wife whom he divorced, has the insurance. Now keep in mind their has not been any court. What do you think of this scenario? what would you do or not do?
2007-02-22 12:06:24 · 10 answers · asked by unovice24 1 in Family & Relationships ➔ Marriage & Divorce
Was she the beneficiary on the insurance policy? I would say that you have nothing to lose by calling the insurance company to inquire. Are you wife #1 or #3 - the wording of your question was a bit confusing.
2007-02-22 12:15:47 · answer #1 · answered by babeebluez73 3 · 1⤊ 0⤋
If in fact they were legally married, why didn't the current "wife" take his last name? I would think that if legally married, same last name or not, and she can provide proof of the marriage, the current wife has all rights to the insurance claim if she was a beneficiary.....if any other person has filed and made a claim to it and has received it....they should be taken to court. Now, if the insurance papers still had the ex-wife listed as beneficiary, then she does in fact have legal rights to the insurance money and remain the benefactor.
2007-02-22 12:25:12 · answer #2 · answered by ksgirl 3 · 0⤊ 0⤋
How is that possible? When you take out an insurance policy, you name a benefactor. That person receives the insurance in the event of the person's death. If your husband had named you as the beneficiary the ex wife could not have received the insurance money. If she was able to receive the money, then it was her name on the insurance policy. Maybe your husband was trying to provide for his child. As for the debt he left behind, are you sure that isn't covered by other insurance? If it is loans, credit card debt, mortgage, etc. those are usually covered by individual insurance.
2007-02-22 12:17:17 · answer #3 · answered by QT 5 · 2⤊ 0⤋
Some of this might what state you live in. I'm writing from CA. and I'm not an attorney. So knowing that, I don't think it makes any difference if you have his name or not. Many women keep their maiden names for various reasons. What matters is that the divorce was legal and that your marriage is legal. You don't say who the beneficiary on tha policy was. If he had this policy before you married him and didn't make you the beneficiary afterward you are probably out of luck. If one of his minor children was named then the money would be put in trust for them until they reach legal age. The bottom line is you need to cosult an attorney as soon as possible. Most attorneys will give a free consultation. I hope this helps, good luck.
2007-02-22 12:40:30 · answer #4 · answered by MLNICROK 3 · 0⤊ 0⤋
Insurance is paid out to whomever the beneficiary of the policy is, not who the man is married to or whether or not the new wife took his last name; in order for insurance to have made the payout, she would have to either be the beneficiary on the policy or if your name was on the policy, she would have had to have committed fraud, signing your name on the paperwork to file for the claims and the insurance check. You or your attorney would need to contact the insurance company for a copy of the policy and any amendments/beneficiary changes. If she commited fraud, then she could be prosecuted and you would want to get a lawyer involved as soon as possible to freeze her assets before she spends everything.
It is not uncommon for men to leave their insurance policies in the name of their ex-wife if minor children are involved and if the second wife is beneficiary, you would likely not have a legal leg to stand on as far as any insurance benefits, even if it was just an oversight on his part not getting the policy changed over to you when you got married.
As far as your husband's debt, it would depend on what was in his name only, what was held jointly and what is in your name only and should see an attorney specializing in probate to help you sort it out. For debt in his name only you would not be liable, but if there are any assets in his name only, those assets could be sought after by those creditors.
For any joint debt, you are now liable. For any joint assets, you now own.
2007-02-22 12:21:43 · answer #5 · answered by bottleblondemama 7 · 0⤊ 0⤋
I would get a lawyer and have the lawyer deal with the insurance company and the insurance company can go after the first wife whom has chosen to steal the money from the insurance company. I would also file a calim against the insurance company see how i would be the legal beneficiary unless the new wifes name has not been added on the insurance company, but i would get a lawyer to go after the second wife to pay his bills because surely they were incurred between himself and his second wife.
2007-02-22 12:13:47 · answer #6 · answered by Mary O 6 · 0⤊ 2⤋
Sue her for fraud and notify the insurance company of their error. But definitely sue her for money owed to at least pay any and all bills. Your marriage if totally valid, will take precedence over the rest. Take immediate action before she either disappears or spends it all. You may want to contact an attorney here as he can get things done faster than you can and knows ways around "legal blockades" too and will work on commission on money won. Good luck
2007-02-22 12:21:40 · answer #7 · answered by Arthur W 7 · 0⤊ 1⤋
a million. It would not could be his assurance that pays. you could continually have your individual assurance civet it and then flow after him or his assurance to gets a commission returned. The coverages on your injury and his injury are separate. Yours could be lined below his criminal accountability, and his could be lined below his collision. the only subject you've gotten is that if his criminal accountability limits have been quite low. 2. If he's uninsured, you should use your individual collision assurance (or uninsured motorist assurance, once you're fortunate adequate to have it), yet your expenses shouldn't enhance via fact it rather is a no longer at fault twist of destiny.
2016-11-25 00:51:43 · answer #8 · answered by kyllonen 4 · 0⤊ 0⤋
i dont think last name has anything to do with this at all.
Call the insurance company and find out. Then call a lawyer.
2007-02-22 14:52:06 · answer #9 · answered by Mammamia3 4 · 0⤊ 0⤋
Death benefits have a beneficiary listed. Second wife could not have gotten it unless named as beneficiary. talk to a lawyer.
2007-02-22 12:13:45 · answer #10 · answered by lil deb 2 · 1⤊ 0⤋