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Can a surviving spouse file a claim when they are not listed as the beneficiary in the will?
Yes. In most states in the United States a spouse cannot be disinherited by a will. The spouse can file a claim under the doctrine of election. By filing such a claim, the surviving spouse is generally awarded an intestate share of the estate. You should consult with an attorney in your jurisdiction who can review your situation and explain your options.
What else can I help you with?
What happens if you find additional insurance policies where beneficary listed is absolutely excluded in trust?
In order to find a trust with life insurance proceeds the trust must be named as the beneficiary of the insurance policy. Then the trust documents specify what the funds are used for that are in the trust. If there are other life insurance policies that are still active and have other individuals named as the beneficiaries then the money from those policies cannot be placed into the trust and will be paid directly to the current beneficiary listed with the insurance company. The trust will have no claim whatsoever on these policies. It could be that these policies had their beneficiary changed when the trust was set up and the trust is the current beneficiary of them as well and he just didn't put the change form in the policy. Whatever is on record with the insurance company will be the person that the benefits are paid to no matter what.
Does homeowners' insurance cover a personal injury claim from another property owned?
No. Your homeowners will only cover personal injury if it occurs on the property listed on the policy.
What is a spousal waiver for when purchasing a home?
Buying a house together indicates that the house would be marital property. A waiver signed before purchase means that either spouse is relinquishes any claim to the property, should the marriage end.
Can you Insure a home you don't own?
Insuring a Home You do not own.You can purchase a policy for a home you don't own but the legal owner must be listed as the Covered Person. Otherwise the Insurance Contract is invalid and no claim would be paid.
Will a claim be paid if insurance is in one name and home is in another?
No, most likely the claim will not be denied. If the owner of the home is not listed on the policy as an insured then the owner is uninsured and the company must by law deny payment of the claim. Every Homeowners Insurance contract requires disclosure of the legal owner at he time of application. If the property changes ownership during the policy term the Insurance Policy is automatically null and void at the moment ownership changes. The new owner has to make application and qualify for their own Insurance Policy. It is against the law to insure a home or property in which you have no insurable interest.
Can an ex lay claim to their former spouse's life insurance if a new spouse was named as the beneficiary?
No.
Can a claim on your dead husbands estate also include life insurance to spouse?
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.
If an ex-spouse makes a claim on a life insurance policy and another inidividual is the designated beneficiary what consideration is given to the claim by the insurance company?
The person named beneficiary is the sole recipient, the ex-spouse would not have a supportable claim to any portion of the death benefit.
If you are the beneficiary listed on an insurance policy how can a person or persons not listed on the policy contest the claim if a change of benefit form was requested but never submitted?
Legally and contractually the named beneficiary is the beneficiary.
What if there is no surviving spouse who would the life insurance go to?
In the event that there is no surviving spouse, the death benefit would go to the contingent beneficiary. The contingent beneficiary is best described as "the runner up". This person should have been listed when the application for insurance was submitted. If for any reason this is not the case, the death benefit would then be subject to probate. You must also remember that people are human and do make mistakes and may have not listed your beneficiaries correctly. If that is the case the contingency beneficiary is the person named in you policy (which is the binding contract that the insurance company must legally be bound to). To be sure of what is true for your exact case get a free analysis from a team of professionals, just so there is no surprises. E-mail (freeinsuranceanalysis@yahoo.com).
What are the dower right of wives in Missouri?
In Missouri, dower rights have largely been replaced by statutory rights, specifically the right of a surviving spouse to claim a share of the deceased spouse's estate. Under Missouri law, if a spouse dies intestate (without a will), the surviving spouse is entitled to a portion of the estate, which can be one-half or one-third depending on whether there are surviving children. Additionally, a spouse has the right to elect against a will, allowing them to claim a statutory share instead of what is provided in the will. Overall, these rights ensure that a surviving spouse is financially protected after the death of their partner.
In TN If a will leaves property to adult children can they kick surviving spouse out if it is there primary home?
You cannot disinherit your spouse in Tennessee. The surviving spouse has the legal right to claim a share of the estate. You should consult with an attorney who can review your situation and determine what your options are.
Do you have to list your spouse as your beneficiary on your retirement application?
No, but you may need to ensure that the spouse if you are estranged cannot make a claim against this as an estate in the event of anything happening to you if that is what you want.
What are the laws in California if a spouse dies and both names are not on the house?
As a general rule, the surviving spouse can at least claim his/her community property interest in the property; the balance of the prop interest would be subject to claims by the decedent's heirs at law (children, siblings, parents, etc.). If there are no such heirs at law, then the surviving spouse should be able to claim 100%.
Can an ex spouse who is the beneficiary on a life insurance policy have the claim denied in new york state?
Under normal circumstances, no. A life insurance company will pay the proceeds to the named beneficiary.
What rights do a surviving spouse have if not mentioned in the will?
The rights of a surviving spouse vary by jurisdiction, but generally include the right to claim a portion of the deceased spouse's estate, known as the "elective share." This ensures that the surviving spouse receives a minimum percentage of the estate, regardless of what is stated in the will. Additionally, the surviving spouse may also have the right to certain property or assets owned jointly with the deceased spouse. However, it's important to consult with a legal professional to understand the specific laws and rights applicable in your situation.
In Kentucky can you name someone other than your spouse as your beneficiary?
Under the provisions of Kentucky law the the surviving spouse may elect to renounce the will and receive what he/she would have inherited under the state laws of intestacy. There is a statutory period of six months after the probate is filed during which a claim by election may be filed. You can read more about related issues at the link below.
