Tuesday, August 24, 2010

Can a late husband's ex wife take money from the life insurance policy he left his current wife?

This late husband had two children from a previous marriage. He was killed and left his current wife and his mother as the beneficiaries. Now the ex wife is trying to get some of the money. Is she entitled to any?Can a late husband's ex wife take money from the life insurance policy he left his current wife?
The beneficiary listed on the policy at the time of his death is who will get 100% of the money. A valid and current life insurance policy is not an attachable asset that can be included in the estate of the deceased- or, simply put, a life insurance policy that can be paid to the beneficiary listed on the policy can not be paid to someone else.





Now, other assets such as a retirement portfolio or monies existing unattached outside of his current marriage, that's another matter. As part of the probate process, there may be something that can be done there.Can a late husband's ex wife take money from the life insurance policy he left his current wife?
I would check with a lawyer who can read over the policy thoroughly and advise you.





If the beneficiaries are his current wife and his mother though, then all the money goes to them. Since his ex-wife is not listed, she would get nothing. However, if children are involved it may complicate things depending on their age and the laws in place.
Probably not. However, that also depends on the ages of the children and what he has or has not left them for their continued upbringing. She would need to hire an attorney and take this up in probate court. I don't think that probate is going to get involved with private insurance issues though. Your best bet is to consult an attorney - just to be safe!
check with an attorney, i believe the children are entitled to a percentage of it... as his wife should set up a trust fund for his kids if you have extra money. The ex will be getting SS for the kids so i would say she is getting just a bit greedy.
I would assume that in certain conditions the exwife's children are entitled to some money. It probably depends on who took out the policy and paid for it and whether or not he is behind in child support payments. A lawyer is necessary here.
NO. There's a reason she was not named as a beneficiary, or her kids.


But, personally, I think, if the kids are still young, they ought to get some of it. Even if it is in a Trust account, for educational use only. But that's just me.


';Gold-diggers'; deserve nothing!
Unless it is in the will or she is a beneficiary she is not entitled to any of his life insurance.
The dude didn't leave money to his kids? That's harsh.


Anyway, this is a question for a lawyer, not for random people in YA.
It depends how old the children are. Another factor could be the length of their marriage.
Check with a lawyer. Because sometimes they are entitled because of the children.
If she's not listed as a beneficiary, she's shlt outta luck.

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