by Guest » Tue Jul 27, 2010 02:05 am
Man is separated for 13 years from his legal wife, she now lives with a boy friend, carrying his child. Husband lived with mother 13 years and passed away but the life insurance policy asked if he was married so he said yes and put her name down and on page two put his mothers name. Does his mother have any rights at all? Also their are no children.
Lorri_fl@yahoo.com
Lorri_fl@yahoo.com
Posted: Tue Jul 27, 2010 03:06 am Post Subject:
The question is who was the beneficiary. What you've posted doesn't stipulate. Has anyone contacted the insurance company? They will talk to a beneficiary.
Was this group insurance? It sounds like it.
Posted: Tue Jul 27, 2010 03:13 am Post Subject:
The wife was named beneficiary but they have been separated for 13 years. His mother and him shared a home and all expenses for the past 13 years. The wife is now living with her boy friend and is pregnant by him. The insurance was through Wal-mart. We are hoping the mother can fight for something not the woman he hasn't seen in 13 years and has no kids with.
Posted: Tue Jul 27, 2010 03:25 am Post Subject:
This is tough, and a court of law can always render a decision that changes things, but the general rule that is followed is beneficiaries are beneficiaries. Remember, we're dealing with contract here, and the onus falls on the owner/insured to make necessary changes to beneficiary designations.
Here's where people are going to lose sympathy for you. He had 13 years to make a beneficiary change, that may be worthy of a procrastinator's award of excellence.
It's sobering news I know, but if you spend some time looking through past posts you'll find identical answers to not so dissimilar situations. We get this sort of stuff a lot. Same story, different characters.
Most of this comes about by virtue of ignorance. It's the hope and pray method to life, and it rarely works out for the good.
Sorry to have to bring such bad news, but please after spending the next days, weeks, maybe months being terribly upset over this take note of the bigger message. A lot of people are in this situation. Reviewing estate plans is crucial to avoiding these types of situations.
Posted: Tue Jul 27, 2010 12:34 pm Post Subject:
The wife was named beneficiary but they have been separated for 13 years.
A few states still have laws that force a spouse off as beneficiary in most cases following a final divorce order. A legal separation is not the same thing.
If the "man" lived in one of those few states, and there was never a divorce order, the "woman" is, in all likelihood, still the beneficiary. If they were legally divorced, it could be an entirely different story.
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