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If a parent abandons you then dies without a will and the divorce settlement says you should be the beneficiary on the life insurance but you are not do you have the right to the life insurance money?
Wiki User
∙ 13y ago
No, you have no entitlement to the money. Because a life insurance policy is a contract the only legitimate way to change a beneficiary is by amending the contract. This could have been easily done by her obtaining a "Change of beneficiary" form and assigning you as the primary beneficiary. Where that did not happen, you have no right to any of the life insurance money regardless of what the will says.
A Different Perspective
You should consult with an attorney if there is any considerable amount of money involved. You may be able to bring a suit in a court of equity. If the decedent died without naming a beneficiary you may be able to reach the proceeds using the divorce settlement agreement as evidence. An attorney could review the situation and explain your options, if any.
Wiki User
∙ 13y ago
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How can you prevent ex husband from life insurance benefit?
Unless you were ordered by the court, as part of the divorce settlement, to keep your ex-husband as the beneficiary on your life insurance then you can make a change in the beneficiary with your insurance company.
Is an ex-wife entitled to a husbands insurance settlement after 10 years of marriage the accident happened 8 years after their divorce but she still wants 50 percent of his settlement?
Many people who divorce do have a clause in the decree regarding insurance beneficiaries. If the decree is written this way and/or the policy includes her as a beneficiary, then she certainly has rights.
If an ex-spouse is listed as beneficiary on a life insurance policy does that person remain the beneficiary and receive the money in the state of Georgia?
Generally, yes. A person must be careful to change the name of the beneficiary on their life insurance after a divorce of death of the named beneficiary. You should consult with the attorney who represented the decedent in the divorce to determine the law in your state and whether the divorce decree extinguished the ex-spouse as the beneficiary.
Is life insurance required for divorce?
Life insurance is frequently required in a divorce settlement, particularly if there are children or debts.
Divorce and life insurance?
When a person gets a divorce, they may want to make sure that beneficiary and ownership info on life insurance is as they would like it. A lawyer may be of further help.
In the state of Florida how do you get your ex-spouse off as the beneficiary?
The Florida Probate Code In Florida, divorce does not remove the ex-spouse as beneficiary under a life insurance policy. Florida takes the position that the life insurance policy is a contract and should not be interfered with unless fraud is involved. Check your insurance policy to be sure who you have named as beneficiary. Do not rely on the numerous statutory probate codes to determine who will get the insurance proceeds. If you want to change the beneificary of your life insurance policy and the divorce decree is final, complete a new beneficiary form, keep a copy and send it to the insurance company.
Does a 2nd wife have a right to receive life insurance of several thousand a month until she dies but they divorced years before he died and she remarried before his death?
Maybe. Life insurance is a contract and if the beneficiary on the policy is listed as the 2nd wife, she is entitled to the money. Check the divorce decree, it may, depending on who drafted it and what state you are in, may have stated that any such designation as beneficiary is void. It may also have said in the divorce decree that maintaining her as beneficiary of an insurance policy was a condition of the divorce.
Can a divorce decree in Alabama require making the ex-spouse a beneficiary of life insurance and if so what statute provides for this?
Yes, it can.
Does the law require that I provide life insurance on myself for spousal support after divorce?
Laws vary from state to state and other countries. The divorce decree can specify that the spouse be named a beneficiary on a life insurance policy of a certain amount.
If I'm the beneficiary of life insurance policies of my brother and who named me as beneficiary prior to his marriage and during his marriage do I still have legal rights to this life insurance?
You will receive the death benefit unless your brother has changed the beneficiary. Regardless of marriage, divorce, life changes, etc; unless the insured contacts their insurance company and changes their beneficiary, the money will go to the specified beneficiary; FYI- your brother would not be required to notify you as current (or ex) beneficiary if he changed the policy. Also, many life insurance policies have a primary and a successor beneficiary; the successor is the person who would receive the benefit if something were to happen to both the insured and the primary beneficiary.
Must spouse be beneficiary of life insurance policy?
No, in most cases you can name whoever you would like as your beneficiary. However, as part of some divorce proceedings a court will require that your ex-spouse remain a beneficiary as part of a alimony/palimony agreement.
Can my husband remove me from his life insurance and put his girlfriend on it as beneficiary instead?
It depends, sometimes through a divorce the courts force him to have a life insurance policy when there are children involved. Besides that, any insured can change their beneficiary as long as there is an insurable interest.
