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Example: Husband has $1,000,000 life insurance policy with wife as benfeciary. Husband & wife divorce. Husband fails to change benfeciary & is unexpectadly killed in accident. Is ex-wife still beneficiary? Thank you.

2007-05-05 17:34:04 · 9 answers · asked by Joel 2 in Politics & Government Law & Ethics

http://law.freeadvice.com/insurance_law/life_insurance_law/beneficiary_divorce.htm

2007-05-05 17:41:19 · update #1

9 answers

Yes.

2007-05-07 14:22:34 · answer #1 · answered by happyme19672003 4 · 0 0

The listed beneficiary is entitled to 100% of the money, even if she is the ex-wife. The fact that he remarried and didn't change the beneficiary is irrelevant. The only exception is if the money is actually coming from the husband's annuity or retirement fund (not life insurance) in which case, the wife would be entitled to 50% of the benefit under ERISA (spousal rights) law.

PS: I read the info on the site. They are talking about unusual situations where the ex-wife may have signed a waiver or the divorce decree may have specifically spelled out the terms or exceptions. Insurance companies usually request the divorce decree for review. If you are the wife, speak to your attorney.

2007-05-05 17:48:10 · answer #2 · answered by bombastic 6 · 0 0

Yes. That's a contract law issue. Until the husband takes an affirmative step to have the policy changed, then the wife is the beneficiary. If he has an estate and someone wishes to contest it in a civil suit, then they can try but it will be futile.

2007-05-05 17:38:43 · answer #3 · answered by eastchic2001 5 · 1 0

Yes - the wife is still the beneficiary.

2007-05-05 17:37:56 · answer #4 · answered by Anonymous · 1 0

The coverage plans for spouses got here out approximately 2 or 3 years in the past i think, whilst they first started it, it became an computerized ingredient. in case you have been lively duty and have been married they directly gave your substantial different an coverage plans. If the lively duty member does not prefer the coverage then they should flow to finance and have it replaced. i think the coverage is purely for like 20,000. wish that solutions your question.

2016-10-14 21:46:36 · answer #5 · answered by Anonymous · 0 0

Yes, the ex is entitled. The husband didn't change it. If you're his widow, I'm sorry, but that's the rules.

2007-05-05 17:38:25 · answer #6 · answered by Jess 7 · 1 0

This is why lawyers were invented. To try to undo the damage people do by forgetting to something they should do or doing something they shouldn't have.

2007-05-05 18:11:47 · answer #7 · answered by Barry auh2o 7 · 0 0

Well it depends if her mother is still living or he has an older brother or sister they can contest it chances are they will not win and all money's will go too the State

2007-05-05 17:52:45 · answer #8 · answered by Anonymous · 0 2

What I what to know is she still his sister?

ROFLMFAO!


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2007-05-05 18:20:37 · answer #9 · answered by sniffels323 5 · 0 0

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