by Guest » Mon Jun 13, 2011 06:24 pm
My sister passed away and mistakenly did not update her beneficiary on life insurance papers when she remarried. Her current husband at the time was not named. Her former husband was. However a divorce decree stated that the former husband was not to gain in anyway from her financial dealings or any gains she made from the divorce settlement onwards. And if she were to pass away, all proceeds would go to her sister. It has been 18 months since former husband got the funds. Can the sister sue the former husband for the money?
Posted: Tue Jun 14, 2011 06:17 am Post Subject:
And if she were to pass away, all proceeds would go to her sister.
This was in the divorce order? If not (and even if it was), there is nothing that can be done about it now. The policy was your sister's and she was aware of her responsibility as the policyowner. If she failed in that responsibility, there is no one to blame but her.
It has been 18 months since former husband got the funds. Can the sister sue the former husband for the money?
This is America, where anyone can sue whomever they choose. Winning the lawsuit is an entirely different matter.
In this instance, there is almost a 0% chance of winning such a lawsuit. The husband did nothing wrong -- the judge hearing the matter would most likely toss the case out of court on a defense motion for "summary judgment" (no testimony needs to be presented) on the grounds that there is "no cause of action" between the plaintiff (the sister) and the respondent (the ex-husband).
Add your comment