Can I be forced to turn over my deceased husband's life insurance policy?
Can I be forced to turn over my deceased husband's life insurance policy?
I am the beneficiary of my deceased husband's life insurance policy and his ex-wife is now demanding that I give her the policy, do I have to do as she ask or can I just proceed with filing a claim. I live in texas and she said that she was gong to get a court order to make me give it to her. Is this possible?
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15 Responses
1.31.2010
As the named beneficiary, you are the legal recipient of any death benefit included in the policy. She may be able to fight for anything he did not name you as the beneficiary for, but anything like this which is above and beyond normal social security death benefits, the owner of the policy, in this case your husband, names who he wants to see get the money after he passes. It goes along with last wishes and what not.She has absolutely no grounds for suing and would be hard pressed to find a judge/lawyer to even work with her on the case. Source(s): I am a fully licensed and certified insurance specialist in Illinois, Indiana and Wisconsin.
1.31.2010
It doesn't matter – she's not entitled to benefits, unless she was the named beneficiary.You don't have to do ANYTHING, unless a judge tells you. Go file the claim. She sure can TRY to get a court order, but POSESSION of the policy does NOT mean you get the money. She probably doesn't understand that. ONLY THE NAMED BENEFICIARY GETS PAID, regardless of who files the claim. If you file the claim, and she's the beneficiary, she gets paid. If she files the claim, and *I* am the beneficiary, *I* get paid. Heck, give her the policy information, BOTH of you can file the claim. No court is going to change the beneficiary designation – even if she has minor children. Or even if YOU have minor children. Will a judge make you show her the policy? Maybe, if she's the beneficiary and you know it, AND, you are refusing to file the claim.Only the policy owner can decide who gets the money. PERIOD. So go file the claim, and you don't have to worry about it.
1.31.2010
NoYou are the beneficiary. Unless you signed any documents that state you must pay what your husband owed or it is invested in the real estate. Source(s): IF you are just the beneficiary, even the banks can only stare at you. So, she is blowing smoke and being a selfish mutt.
1.31.2010
Idle threats.If you are named as the sole beneficiary on your late husband's life insurance policy the proceeds are yours. You don't have to share.A life insurance policy is separate and not part of the deceased's estate.
1.31.2010
I AM NOT SURE ABOUT THE U.S LAWS, BUT ANY LAW WOULD SUGGEST THAT IF YOU ARE THE NOMINEE IN THE LIFE INSURANCE POLICY, SHE WOULD NOT BE ABLE TO CLAIM IT SUBJECT TO YOUR DECEASED HUSBAND HAD SOME WILL SPECIFYING ABOUT THAT INSURANCE POLICY. YOU CAN SIT ACROSS WITH YOUR LAWYER AND HE CAN SUGGEST YOU A WAY OUT OF IT IN CASE.
1.31.2010
The ex-spouse is wasting her time. If your husband named YOU as the beneficiary, then you are entitled to the proceeds of the policy. No court is going to overturn a named beneficiary on a life insurance policy.
1.31.2010
if you are the beneficiary, then the money is yours – ex wife has no standing and no judge is going to agree with her – cash in the policy as soon as possible – I'm sure you can use the money – tell the ex to cram it
1.31.2010
File the claim, but to protect yourself, ask her to send you a copy of the divorce decree showing that she is entitled to any insurance as part of the divorce.
1.31.2010
If you're named the beneficiary, and not her, it seems you get to keep it. I don't know on what grounds she is trying to make a claim. You should check with your lawyer.
1.31.2010
No, it goes to you. She is just being a psycho b(tch. If she wants to go to court, let her. She'll have to pay your fees after you win.
1.31.2010
**** her fight it.. shes all in it for the money.. hopefully you 2 arent in it together.. ive heard of you deceptive women…. grrrrr
1.31.2010
youre the beneficiary. its yours. shes just being a pain in the ***.
1.31.2010
Gad, I think I have an idea why she is the ex now.It rhymes with vindictive bold-digger.
1.31.2010
Nope [:
1.31.2010
nope tell her to F off.. that's your money .