Life insurance policies are extremely flexible. For instance if you have a policy on someone there can also be added to this policy a rider to provide term life insurance to cover the spouse and children if desired. Putting this all on one policy saves some money by having only one policy fee instead of several. The term riders would have a designated beneficiary just like the primary policy on the other spouse. Usually they would be each other but they don't have to be.
No, the spouse is not. The beneficiary is named. There are laws that require the spouse to sign an acknowledgement that there is life insurance that she is not the beneficiary of.
who collects the life insurance in a marriage when one spouse dies and theres no beneficiary on file
In rare cases, a person will make a close friend or relative the beneficiary of their life insurance policy instead of their spouse.
No.
If the life insurance policy had listed as the beneficiary the spouse only then it is not considered part of the estate and is not subject to claims. If the beneficiary is the estate then it is subject to claims. The only problem with the spouse being the only beneficiary is if she was a party to the claims personally then perhaps she and the proceeds from the life insurance could be subject to these claims.
No. The beneficiary is whoever is specifically named on the policy.
Your spouse can get a separate policy (usually cheaper) or you can contact your insurance company to get the right paperwork for adding your spouse. Adding your spouse as a beneficiary, your agent can help.
No, you get to choose.
Under normal circumstances, no. A life insurance company will pay the proceeds to the named beneficiary.
If an insured has a policy where there is no named beneficiary, or the named beneficiary is deceased, then the benefit will be paid to the insured's estate.
Beneficiary unchanged.
No, the only requirement is that the beneficiary have "insurable interest".