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How do i find out if my ex had insurance policies on our son when he passed away. I believe she cashed 2 in and she didnt pay her portion of the funeral expenses. It makes me a little suspicious about his death.

2007-10-15 07:04:15 · 5 answers · asked by stacy h 2 in Politics & Government Law & Ethics

5 answers

Actually, there are 50 laws about funeral expenses, one for each state.

Funeral expenses are normally paid out of the persons estate. A life insurance policy owned by another person is not normally part of the estate.

Unless it was stipulated in the divorce papers, she does not normally have a portion of the funeral expenses.

If you have any actual basis for your suspicion, you should contact the police.

I agree that a divorce order does not have anything to do with probate, however a divorce order can specify future expenses such as funeral expenses. While it is not common, it can happen particularly if the child of the marriage is likely to die as a dependent child. This is the only reason I mention divorce orders.

2007-10-15 07:13:27 · answer #1 · answered by davidmi711 7 · 1 0

There is no law in any state which requires a family member to contribute to funeral expenses outside of the estate.

If she was the beneficiary of the insurance policies they are her separate property and do not pass through probate.

BY THE WAY: A divorce order has no bearing on probate. In this matter, the insurance policy controls. Also, any property disposed of in the divorce is already transferred.

DIDN'T MEAN TO ARGUE: with you David. Just wanted to be very specific. In the situation you cite if the father dies after a court ordered property settlement in divorce is issued requiring him to pay for funeral expenses (or medical expenses) of a minor child then the custodial party would still need to file a claim against the estate after receiving a judgement from the original issuing court.

In that sense you are correct.

2007-10-15 07:22:13 · answer #2 · answered by hexeliebe 6 · 0 0

Insurance is not tied to funeral expenses unless it was the funding vehicle for a preplanned funeral contract. When people are the beneficiary of an insurance policy, they can do anything they want with the money.

If your wife signed a contract at the funeral home, she will be sued along with you for the balance. You are both co-signers and you both owe the entire amount in most cases. It is not owed 50/50 but 100% from either of you they can collect from.

Welcome to the ex-husbands club. You might want to keep your billfold out.

2007-10-16 07:21:03 · answer #3 · answered by J. B 3 · 1 0

There is no specific law about it - no universal thing, I mean. And unless you were the beneficiary of a policy, there is no way to find out if they even existed. There are thousands of insurance companies, and they do not have any kind of system wherein they have to communicate with each other. Even if you had some way to contact every single one of the tons and tons of them to ask, by law they cannot give you any information if you are not the policyholder or beneficiary.

If you REALLY suspect foul play, your best bet is let the local police know it and go from there. And I am sorry to hear about your son.

2007-10-15 07:21:02 · answer #4 · answered by Anonymous · 1 1

pass to the close by funeral domicile and communicate with them approximately pre-prefer insurance. you will get this without or with making funeral options (yet you're greater advantageous off to make the judgements and getting them certain.) you may desire to purchase the insurance without the aunt's knowlege in case you like to. The insurance will enhance in fee each year (maximum life insurance does not.) you pays it out as long as 10-years or pay it off immediately. commonly you will get 2 or 3 years comparable as income case you like.

2016-11-08 09:52:07 · answer #5 · answered by dhrampla 4 · 0 0

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