Can an ex-spouse draw life insurance benefits?

by Guest » Sat Dec 06, 2008 03:25 pm
Guest

My boyfriend's father died in August. His divorce was finalized from his ex-wife in April. Apparently, he never changed her as the beneficiary on his life insurance policy. My boyfriend and the siblings really didn't care, because they didn't have the money to begin with-so what would it matter if they didn't have it now.....however the ex-wife agreed to split the insurance money 5 ways--believing it was only fair and she had a decent relationship with all the kids/grandkids. My boyfriend and his siblings had a letter drafted by their lawyer stating that the ex-wife agrees to split the life insurance money and she signed it. It was sort of her suggestion. After all, their dad divorced her (and on a side note, his reasons for divorcing her had something to do with him pulling his retirement out early upon her suggestion so that she could place some money in an acct that would draw interest and some in the bank acct to pay bills with, only to find out that the money disappeared and she began using his credit card to pay for bills, subsequently causing my boyfriends dad to file for bankruptcy). My boyfriend got a letter in the mail yesterday from his step-mom stating she's going to be keeping all the insurance money basically because she feels entitled to it. She rattled off a list of things she has done that are only simply things a nice person would do without payment. (claims she paid his cell phone bill for a year, a gas bill in 2/08, their joint tax return in 2007, and has been feeding the cats since his death and mailing his mail to my boyfriend's sister. It's so ridiculous....however, my question is this.

Can she get away with this if she signed a notarized document stating she agreed to split the insurance money? After all, they were divorced and it was more than likely an oversight on his part. Also, would something like this be suitable for civil court and how long should it take???

Thanks all.

Total Comments: 81

Posted: Tue Dec 09, 2008 08:11 am Post Subject: insurance

OOpps!! Forgot to tell ya ,LORI.........I'mm 44 years old. I'll turn 45 THIS month. ( Happy B-day to me!! :D )

Posted: Tue Dec 09, 2008 12:20 pm Post Subject:

Fortunately you only need to 'make it' 3 more years ! :wink: :lol: you know what I mean then you can make your son the beneficary if you chose and your ex can't even try and get ahold of anything unless he can talk your son out of it....

You might want to check (quickly) on private life policys...i'm sure the agents can let us know the ages when premium changes, ie, is it cheaper for 44yr old than 45? or 49 rather than 50 I know that one is older than the other, but i thought maybe it was structured, as an example 40-44 is this much then 45-49 this much etc...anyway wouldn't be a bad idea to start thinking about getting something else...but weigh that against what your military premium would cost you as a private citizen...that may still be lower because it's a group policy...

on another note, and i don't want to scare you but i have know some crappy parents that have done this when their son was a JR. have you ever ran a credit report on your son to make sure that ex hasn't taken anything out in your boys name (ss#)...just something to keep an eye on (and worry you sorry)...since your ex is such a sneaky greedy mother...you've probably already thought of this...my poor daughter in law didn't find out till she was about 19 that her 'mom' had actually put utilitys in her name (yes they have the same first name :roll: ) when she was like 9 years old, then of course didn't pay the bills, it was a mess to sort out, also had defaulted on a cc and loan...bad bad bad, i can't imainge doing something to your child... :shock: :x


Well I'll turn 49 this month! (23rd-also my wedding anniversary best birthday gift i ever got!)...

Posted: Wed Dec 10, 2008 06:22 am Post Subject: insurance

Actually.........YEP...I HAVE checked to see if my EX has used my son'd name for anything. I've come up with nothing..so far. Yep...I'm "old" ( LOL) according to my son. :lol: I've been looking into policies..that's for sure. I don't know if I would want to put JUST my son's name as Beneficiary. Not that I don't trust him...just I ALSO want an 'adult' figure, as well...and NOOOOOO , not my EX. My son wouldn't be 'mature' at 18 years of age..ya know? Lots to think about...that's for sure.

Posted: Mon Apr 20, 2009 12:43 am Post Subject: life insurance beneficiary

how long does it take to change your benificary on your military life insurance policy

Posted: Mon Apr 20, 2009 04:12 am Post Subject:

with the proper consent of the policy owner it can be changed within a few days.One just need to feel out one form in order change the beneficiary.
follow this link for more information.

http://www.insurance.va.gov/miscellaneous/choose.htm

:arrow: :arrow:

Posted: Mon Apr 20, 2009 10:20 am Post Subject: insurance

how long does it take to change your benificary on your miltarylife insurance policy

Only the Military person can change the Beneficiary. He/she can go to their UA (Unit Administrator) and ask for the Beneficiary to be changed. The UA will give you the paperwork to fill out. It takes just a few minutes. As soon as you change it, the information is automatically updated in the Military personel's file.

Posted: Mon Apr 20, 2009 11:25 am Post Subject:

Hey Snoop, you may need to contact the MPF or the DEERS for the beneficiary change purpose. As the other have also mentioned you are required to fill-in the required paper work and submit it to the concern department.

However, who do you want to name the beneficiary on the policy? The Military life insurance would inform the spouse (when she is the beneficiary) regarding the change in the plan.

Posted: Mon Apr 20, 2009 11:19 pm Post Subject: insurance

That's true......I forgot about that. The spouse WILL be informed. I would talk to your Chain of Command about the issue. DEERS: something else ( I forgot to say..) if you change your Beneficairy. DEERS concerns benefits, etc.

Posted: Thu Dec 03, 2009 04:40 pm Post Subject: ex wife

I have an insurance policy that I have been paying on for 13+ years on my ex husband. We have a child together. If he were to pass, will I be able to cash his policy in? Can I get death certificate and from whom? I understand that the insurance company needs that to get the money.

Posted: Thu Dec 03, 2009 07:38 pm Post Subject:

Anonymous2u . . .

Depending on the state in which your ex-husband dies, you may or may not have the ability to get a "certified" copy of the death cert. Your child will have an absolute right to obtain one as a blood relative. The death certificate comes from either the city, county, or state where the death occurs. In Texas, for example, you may have to request the cert through the mortuary that files it with the city or county.

In California, an "interested" party (such as an employer or business partner) who is not a spouse, ex-spouse, child, parent, or sibling may obtain an "informational copy" of the death certificate from the county of record through the state. While not a "certified copy," it is acceptable to the insurer for purposes of paying a death claim. It may not be acceptable to some creditors for the purpose of cancelling a debt.

Photocopies of an original certified copy are almost always unacceptable for filing a death claim. And death certificates from Haiti, the fraudulent death claim capital of the world, are suspect before they arrive -- even if accompanied by "the videotape of the funeral procession" you can get for $20. There are so many copies of that video in the possession of insurance companies, it's not funny anymore. But it's an genuinely hysterical tape to watch!

As for your ability to "cash his policy in," that depends entirely on whether you or your child (who I assume is in your care) is the beneficiary. You may be paying the premiums, but if you're not the owner, you may not even be the beneficiary.

Do you know who the owner and beneficiary are? If both are you, then you'll have your death claim check in about two weeks from the time the properly submitted death claim is received by the company. It could take several weeks to receive the death certificate before you may file the claim. At least, you should notify the insurer of his death, when it occurs, so they can send you the claim form and open a file in preparation to receive it.

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