How do I handle this Life Insurance Situation?
Undecided Question
How do I handle this Life Insurance Situation?
My ex husband passed away and his Company gave his Life Insurance to his current wife (of one year)… the Company never requested beneficiaries, it only goes to the spouse. We have two children and I need to know how do I go about getting there share of it?? Do I get a lawyer? Do I go to court? Please help.
Kind Regards.
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6 Responses
2.1.2010
I suggest that you consult an attorney.I've never heard of a company not requesting a beneficiary.
2.1.2010
I am not sure you can do anything about this as you are his ex wife rather than the current spouse. He would have had to specify a beneficiary (you usually have to inform your employer of your wishes – it is not normally assumed i.e. not everyone is married etc). Clearly, he has specified his current wife which would make perfect sense. The payment of such monies is at the trustees discretion and it is highly unlikely they would find in the favour of an ex wife when he has a new wife.
2.1.2010
You can't. If the beneficiary is "spouse", then only the current spouse gets anything. Period. You can't get a share of it. It's not subject to estate rules, or probate rules, or anything like that. Life insurance is OUTSIDE those rules.All you can get for your kids, is social security survivor benefits.
2.1.2010
Done deal. She gets the insurance, his children do not.
2.1.2010
Ha! I love hearing stories like this because it lets me rub it in your face that you didn't plan in advance. If you had the foresight to purchase a life insurance policy on him, you wouldn't be in this pickle. Now that he's dead, his current wife gets the money, and there's nothing you can do about it. Well, I guess you could ask her to share it with the kids… Good luck with that.
2.1.2010
IF he did not name the children as primary or secondary beneficiaries then they get nothing. He must have been a real dick for not including his children on his life insurance policy. Sorry.