by Guest » Fri Jun 04, 2010 11:17 pm
A member of my family divorced his wife a few years ago and in the divorce decree they both agreed to maintain life insurance policies for ten years naming each other as beneficiaries. His ex-wife recently and suddenly passed away and it has emerged that she stopped paying her premiums over a year ago and the policy has, of course, lapsed. Does he have any recourse in this situation?
Would the answer be different if it turns out the ex-wife and her secretary were intentionally lying to and stealing from my relative?
Would the answer be different if it turns out the ex-wife and her secretary were intentionally lying to and stealing from my relative?
Posted: Thu Jul 22, 2010 10:33 pm Post Subject:
Posted: Sun Dec 26, 2010 08:53 pm Post Subject:
Posted: Sun Dec 26, 2010 08:54 pm Post Subject:
Posted: Sat Feb 26, 2011 04:06 am Post Subject: Earl L Landes
In 2008 Betty L Daniel of Missouri discovered an unclaimed life Insurance Policy of her deceased brother, Earl L Landes of Aneheim, CA. She was the administrator of his estate when he died and this was discovered several years later. How can I find out if it was paid out to her? She won't divide between rest of his heirs. How do I find out if there was one paid to her? It would have been between 2008 and 2010
Posted: Sun Feb 27, 2011 05:25 am Post Subject:
If you know what insurance company is involved, you can contact them for information. If the disposition of the estate was supervised by the court, and the probate proceeding was closed prior to discovering the additional policy, heirs entitled to a distribution from the additional life insurance proceeds would have a civil claim against whomever obtained the proceeds and failed to distribute them.
Insurance proceeds would only have been payable to a named beneficiary or the estate of the insured (assuming the insured was the policyowner).
Posted: Tue Mar 01, 2011 05:39 am Post Subject:
Max, has perhaps explained every bit of it. So, you see how the opportunity of a civil claim arises out of additional claim proceeds.
Posted: Fri Mar 25, 2011 02:24 am Post Subject:
2yrs ago during a bad period between my husband and myself(we never split up)he cancelled my life ins. policy and chande the beneficiary on his policy from me (his wife) to his father. He has never changed it back. will I have any recourse if he dies before changing it back?
Posted: Sat Mar 26, 2011 06:46 am Post Subject:
NO
Posted: Wed Apr 06, 2011 01:44 am Post Subject: ex wife gets life insurance
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?
Posted: Wed Apr 06, 2011 02:58 pm Post Subject:
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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