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coinoperation | If a man dies, and his ex-wifes name is on the life insurance policy, who does the money go to? |
My wifes father died and has a life insurance policy but he died before he could change the policy. Would my wife and her sisters get the money or could the ex-wife keep all the money for herself (which is what she wants to do). |
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Michael M
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In most states it will go to the beneficiary on the policy, which in this case means it will go to the ex-wife.
NY recently passed a law that would cause all financial relationships to stop after a couple gets divorced (joint property, loans, and life insurance among other things). This means that in NY the money would be paid to the estate of your father-in-law and paid out according to his will or at the courts discretion if he has no will.
Check with a lawyer in your state to be sure. |
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Zarnev
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If the ex is listed as the beneficiary she gets the money and can do what she wishes with it. No one else has any say in the matter without taking it to court. |
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bcyouletme
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Generally, whoever is names as a beneficiary on the policy will get it. It typically supersedes a will. Your wife and sisters can contest it in court, but their chances of winning are slim. If it is a large amount, speak to a lawyer, it may be worth it to try. |
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okathome225
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Typically, listed beneficiary gets claim settlement. It could be contested. If the wife was named by her name as beneficiary and relationship indicated as "spouse" then there may be a legal case for contesting legality of beneficiary as she is no longer the exact same person (Jane Doe - spouse) as she was when listed. She's now "Jane Doe - ex-spouse". Also, if the insured's wishes had been made known and clear about changing the beneficiary, then this may also give grounds for contesting. It will not be easy. You'll also need get a stay or injunction to prevent insurer from making the claim payment to safeguard the monies. Lawyers aren't cheap so get a few legal opinions about chances of success and costs before proceeding, but do so quickly |
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debijs
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~~When someone takes out a life insurance policy they have to write a beneficiary's/s name on the policy. The agent can tell you who he placed as his beneficiaries.~~ |
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D J
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Since he did not change the beneficiary on the policy, whom ever is named gets the money. The other heir could sue, but they will not win unless he addressed the issue in the will. The insurance company is bound by the terms of the policy. |
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rosemary512002
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If her name is on the policy then she gets it, I went thru the same thing when my brother died, in that case my nephew forged his name since he was JR. |
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car253
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The ex-wife gets it if she was named beneficiary.
Your wife and sisters should have got him to change the beneficiary before he did. But, I bet you already know that.
Call the insurance company, you never know he might have changed the beneficiary. |
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src50
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To the ex-wife. The insurance company will only pay to the named beneficiary. Your father-in-law erred badly by not updating the beneficiary selection. Wills have nothing to do with it because life insurance proceeds are not part of the estate. |
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TheMom
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She gets it. No contest. Your father in law took out a policy and named her the benefactor. He could have named anyone, he picked her.
Your wife and her sisters have no right to the policy, not a dime of it. |
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Holly O
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Sorry, but I think the ex-wife will still get it. |
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mbrcatz
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The ex wife.
Whoever the named beneficiary is, gets the money. Period.
Sorry. |
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sarah314
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The named beneficiary gets the policy. There isn't really any room for argument on that.
He should have changed the life insurance policy as soon as he decided to get divorced...if he was the policy owner, he should have been able to change the beneficiary before the divorce was even final.
The ex-wife can keep all the money to herself, and there isn't a darn thing your wife and her sisters can do about it. Your wife's best bet is to "play nice" with the ex-wife, and hope she decides to share the money with them out of the goodness of her heart. |
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Gemma
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now that would suck. |
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