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 Posted: Wed Apr 06, 2011 1:44 am Post subject: ex wife gets life insurance |
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Per his divorce settlement from 10 years ago, his ex wife was to get his life insurance. Though we were married for 4 years and he named me beneficiary on the policy, the ex got his life insurance after his recent death. Is this right?
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sunshine
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| Posted: Wed Apr 06, 2011 2:58 pm Post subject: |
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If there was a policy in force at the time of his divorce, that's the policy the ex-spouse would have been the beneficiary of (could be group insurance from employment or a personal policy).
If your husband changed the beneficiary on an existing policy from ex- to you, that probably violates the court order. A court order would not apply to future purchases of life insurance (unless he was ordered to obtain life insurance and name the ex- as beneficiary). If the policy you were named as beneficiary was new after his divorce, it is not affected by the court order, and you should have received the payment. The insurance company cannot pay death proceeds to any other party without a collateral assignment in the mix.
You don't supply enough information to give you a specific answer about your situation.
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MaxHerr
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| Posted: Sat Dec 24, 2011 9:25 pm Post subject: ex wife -life insurance |
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In the divorce decree it states husband shall mantaine a 500,000 life insurance policy naming ex wife as the beneficary until further ordered by the court. As I am growing older I dont think I will be reinsurable at 72 years old and if I was insurable the premiums would be unaffordable. If my policy expires and I dont renew and I die can she sue my estate and possible get the assetts, including the house from my present wife.
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screwed ex husband
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| Posted: Sun Dec 25, 2011 8:41 pm Post subject: |
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You can always petition the court to release you from the order. Check with your attorney about the process involved.
You could purchase a "Guaranteed Universal Life" (GUL) policy to cover your situation. The premiums will not be inexpensive, but as long as you don't miss one during your remaining lifetime, the guarantee will provide the death benefit, even if your policy has no cash value to support the actual Cost Of Insurance required each month. Miss one payment, and you could lose both the guarantee and the policy.
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CA-licensed P&C Broker-Agent and Life Agent. CA Insurance Lic #0596197. Now investigating insurance company abuses, and providing litigation support and expert witness services. Send me your questions, and I'll send you my answers. |
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MaxHerr
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Location: Pomona CA
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| Posted: Fri Mar 09, 2012 11:31 pm Post subject: SELFISH WITCH ,I MEAN....... |
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X-WIFE OF 20 PLUS YEARS WAS NAMED BENIF. ON LIFE INS. TAKEN OUT IN 1983 IN IDAHO MY FATHER DIVORCED IN 1986 KEEPING POLICY IN EFFECT UNTIL HIS DEATH INJULY 2011. LIVED & DIED IN CA, POLICY NEVER WAS CHANGED TO HIS ONLY LIVING HEIRS 3 DAUGHTERS. HE BECAME TO SICK IN THE END TO DO SO,DOES X- WIFE HAVE LEG TO STAND ON. SHE CLAIMS SHE WANTS IT ALL. LOL
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CAREN
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| Posted: Sat Mar 10, 2012 1:38 am Post subject: |
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If the contract is interpreted under CA law, the ex-wife will retain her status as beneficiary. The law was changed about ten years ago to strip an ex-spouse of beneficial interest in nonprobate assets (such as life insurance). But the new law only affects divorces that occurred after 2000 or 2001. It's in the Probate Code, not the Insurance Code.
So there's no LOL on your part, unless you are the ex-spouse. Because only the named beneficiary of record will be able to collect the death benefit.
This is one of the most frequent problems we have reported here. And the answer is usually the same -- the last named beneficiary of record is the winner. Even if it was written by the policyowner and last recorded by the insurer more than 25 years ago.
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CA-licensed P&C Broker-Agent and Life Agent. CA Insurance Lic #0596197. Now investigating insurance company abuses, and providing litigation support and expert witness services. Send me your questions, and I'll send you my answers. |
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MaxHerr
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Joined: 29 Nov 2009
Posts: 4622
Location: Pomona CA
209.53 Dollars($)
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