Estate Law Questions? Ask an Estate Lawyer.
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).