Unless there is a beneficiary listed, or assuming that the listed beneficiary has died, the proceeds of the insurance policy will go to the estate, not his wife.
That means that the estate gets it, and the "residue" of the estate. If she is not working with you, you may have to get an attorney involved to compel this, or get her removed as the executor (if she fails in executing the terms of the will).
Again, if it's not specifically listed, it would fall under the residue, and would go to your husband. Only if there was a listed beneficiary would it pass outside of probate.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
For some reason i cant get back on the answer page. so the insurancecompany is saying that it depends on the insurance policy and their is nobeneficiary so this one would go to surviving spouse. Should we continueto pursue the spouse that was living at that time is now dead and he wasmarried at death to second spouse.margaret
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