Doing the Right Thing
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To find out who gets the life insurance proceeds, you must look at your husband's policy. The beneficiaries are usually listed near the end of the policy.
If no beneficiary are listed, then death proceeds will be sent to his estate and from there on, the court will rule who gets what (unless your husband has written a Will). |
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Frank Castle
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Life Insurance Policies are not controlled by the Courts.
They write the check to whoever is in the policy.
No questions asked. |
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susyprz1
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In the California Insurance Code, if you are legally married, the wife is entitled to whatever death benefit he leaves, unless he left the wife a certain percentage of the death benefit, what i mean is, if he left you a dollar that is all you get, but if he didn't mention your name, you are entitled to everything. |
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dreamscorporation
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getting a life insurance cover is pretty easy with a good plan
however it may get a bit tricky at times, I suggest you get as much information as possible online on this first,
a good place to start in my humble opinion is:
http://umgarticles.atspace.com/insurance.htm
a couple of years ago I took such a plan, however I made some errors, luckily for you they are all tackled in this article so you cannot make the same errors that i did! ... I only wish the internet was around at that time!
good luck |
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?
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You should ask your husband what he has arranged. |
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tiffiek
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He is policy owner and whoever he names as beneficiary gets the death benefit, there isn't anything a judge or court can do about that. It's a business transaction.
Even if he changed an existing policy and took you off as beneficary you have an uphill battle trying to win $ from the insurance company unless you owned the policy. |
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spot
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If he is the owner of the policy, (most likely), he specifies the beneficiaries (the ones who get paid). He can give it whoever he wants and there is nothing you or the judge can do. |
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onesmaartlady
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That depends, if you were the beneficiary Prior to this life insurance being put in her name, I do not believe he can remove you without your permission. Ask an attorney not yahoo answers. |
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thewillies99
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If you guys have filed for divorce, the judge likely placed an order saying that many financial arrangements can't be changed, i.e. life insurance.
I would check with the court/your attorney to verify this. |
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asueb77
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Your still married? Regardless, you will get survivor benefits for your child, and you if you are married. My sons father passed away a year ago, even though we were never married I still recieve benefits for our son. |
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Mr Soul Pole
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who ever he puts on the paper is who gets the money |
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Z_Berg
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Like everyone else has said if he owns the policy he can name whoever he wants as beneficiary and that's who gets it. You can talk to your divorce lawyer and require that he have a separate life insurance policy naming your daughter as beneficiary (I'm not sure whether you can make him pay for it or if you would have to pay the premiums - your lawyer will cover that) That's really the only thing you can do. |
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Christopher Swing
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In most states if the spouse is not the beneficiary then they would have to agree and sign allowing him or her to list someone else. I would check with a local attorney. I would say if there is divorce proceedings in place that the laws may not help you. |
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ThaneTheBrain
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I'm an agent and I know for sure: Life isurance that is owned and purchased by someone can be given to any beneficiary they choose.
I've seen many cases where a guy was divorced, then remarried, and upon death, his beneficiary is still the ex wife. Well, guess what... the ex wife keeps the money. |
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m_elazizi
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I don't know |
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shri
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If he is the policy holder he can change the beneficiaries.
however they should be class I but it is not binding. |
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Roy P
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If she is the beneficiary, she will get the insurance |
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jaylyn
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yr married to him and she isnt i think its right that u get it. i think u do ne ways |
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suzy
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If your ex is the owner of the policy as well as the insured on the policy, then he is the only one who can decide who is the beneficiary of the death benefit the policy will pay. In most cases, a life insurance company will want to be shown what is the "insurable interest" that the beneficiary has for the insured... but if they have co-mingled any finances, it's easy to show grounds for insurable interest.
If I were you, I'd want to see how the policy is currently written. Since you had children together during the marriage, there's a good chance that you have financial support from him now. Also, if your lawyer was even one day out of law school when he counseled you during your divorce, there should be something in the divorce decree regarding life insurance benefits. If you are still on the policy, and it's not already been done, you should make a motion to be listed as the "irrevocable" beneficiary on the policy until your youngest child is 18, at which point the benefits should be distributed evenly amongst the children.
I hope this is helpful, |
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