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Counselor... i am writing for my best friend who has homes
i am writing for my best friend who has homes in both California and Florida. Her husband of 17 years just died suddenly at age 55, leaving his wife, my best friend,and their only son who is 16. My friend and her deceased husband had just written a will and a Living Trust, naming my friend, the widow, as the primary beneficiary, and their son as the secondary. However, there was a life insurance policy for $2.3 million that my friend's husband thought he had transferred through Delta, his employer, when he got married 17 years ago. He had his life insurance policy through Delta and had named his current wife as beneficiary through Delta but didn't realize he also had to update the beneficiary through the specific life insurance company also. He was married for 4.5 years, 20 full years ago, and my friend just found out amidst her new grief that she and her son are not the named beneficiaries on the life insurance policy!! The ex wife of 20 years ago had no children with him and has been engaged for 2 years and has had minimal contact with my friend's deceased husband over the 20 years since their divorce! Also, when the first wife divorced my friend's deceased husband, HE was the one who would have been entitled to alimony at the time since she was making more money than he was at the time of divorce. So that would cancel out any allegation she may have had the life insurance policy was some sort of alimony payment. Also, since he was making all of the payments of the premium with community money, wouldn't that mean my friend would naturally be entitled to the majority of the insurance money? Especially since there is such clear display of intent that my friend's husband thought he switched the beneficiary through Delta, who acknowledged my friend as the stated beneficiary as the wife of 17 years? (Delta paid my friend the death benefit money to cover the funeral.). There is also a divorce decree nullifying any claims to property but it doesn't specifically state the life insurance policy. My friend's deceased husband would be rolling over in his grave to mm if he thought that his ex wife who left him twenty years prior will walk away with his hard-earned 2.3 million that he was paying until his dying day to ensure that his wife and son were taken care of!! I read about something called "insurable interest", that seemed to state that if an ex-spouse from a long time ago was left as the beneficiary, that that could be contested in court as the former spouse has no "insurable interest." What is likely to happen and what can my friend do to combat this unfairness? The ex has told my friend's attorney that she feels she is entitled to the life insurance money!! Thank you for replying to this distressing matter!! … read more
LegalGems
LegalGems
Juris Doctorate
13,778 satisfied customers
My ex-husband just passed away and upon seeing his life
My ex-husband just passed away and upon seeing his life insurance policy my daughter found out he never changed his policy when he and I married or, more importantly when either of his children were b… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
Does someone with power of attorney have the right to cash
does someone with power of attorney have the right to cash life insurance policies that were purchased for grandchildren? They are in the principal and the grandchild's names… read more
Dwayne B.
Dwayne B.
Attorney
Juris Doctor
34,389 satisfied customers
My husband passed away 3 years ago. I was given the house
Hi. My husband passed away 3 years ago. I was given the house through the Will. The Estate has been closed for 2 years. BB&T refuses to acknowledge that the property is mine. The mortgage loan is In m… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,953 satisfied customers
My ex-husband passed away we had life insurance policies that
My ex-husband passed away we had life insurance policies that I continued to pay. I was his beneficiary on policy issued in Ohio in 1989. Our divorce decree states he was to make me owner on his polic… read more
Law Educator, Esq.
Law Educator, Esq.
125,376 satisfied customers
my son's mom passed away last week. She was the custodial parent.
my son's mom passed away last week. She was the custodial parent. she took out a ***** *****cock life insurance policy in 2006 (during our marriage) in which she named me as the beneficiary & her son … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
21,081 satisfied customers
my father passed away recently. there is no will. he has a
my father passed away recently. there is no will. he has a deceased wife and recently re-married prior to his death. it was revealed to us during the making of final arrangements at funeral home, that… read more
Barrister
Barrister
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Doctoral Degree
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if I am an only beneficiary on a life insurance policy when
if I am an only beneficiary on a life insurance policy when someone dies that the person who died had the policy and paid for it and I am not included in the will must I sign the policy and have it pu… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
1,812 satisfied customers
Several years ago, my family set up a trust that included the
Several years ago, my family set up a trust that included the proceeds from my father's life insurance policy and my parents home. My mother "rented" the home from the trust for several years. My moth… read more
Estate Lawyer
Estate Lawyer
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Bachelor's Degree
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My mother gave me her house through a quick claim deed executed. The
My mother gave me her house through a quick claim deed executed. The insurance policy was issued in her name. I had the insurance company put my name on the policy. She lives in the house with me. Wil… read more
Infolawyer
Infolawyer
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Doctoral Degree
5,145 satisfied customers
My ex husband and I were married 16 years and divorced 4 years
My ex husband and I were married 16 years and divorced 4 years ago. During our marriage we both purchased life insurance policies on one another. Our divorce agreement clearly states that beneficiarie… read more
marriagedivorce-law
marriagedivorce-law
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Doctoral Degree
314 satisfied customers
Person owns real estate. Many of the properties are encumbered
Person owns real estate. Many of the properties are encumbered with mortgages. Person executes a will leaving one of the encumbered properties to X. There is a general clause in the will that the dece… read more
Lawyer Lori
Lawyer Lori
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JD - Attorney
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I have spoken with an attorney and he has suggested Declaratory
I have spoken with an attorney and he has suggested "Declaratory Judgement" to determine the proper payee of the insurance policy. What do you think of this?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,988 satisfied customers
Ex husband living in flordia and passed away without a will.
Ex husband living in flordia and passed away without a will. while married we both purchased life insurance as owners and i was named beneficiary and my son con-tingent beneficiary. during divorce i p… read more
Dwayne B.
Dwayne B.
Attorney
Juris Doctor
34,389 satisfied customers
My father passed away 7/7/00. He left no will or directives.
My father passed away 7/7/00. He left no will or directives. Now, an old insurance policy has been discovered, which no one knew about until a couple of months ago. My mother was named as the benefici… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
My brother was supposed to purchase a life insurance policy
My brother was supposed to purchase a life insurance policy , according to a divorce decree. It was not purchased and he was killed. His estate was to be held liable for the amount of the policy , but… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
My divorce was finalized in September 2009. During our marriage
My divorce was finalized in September 2009. During our marriage we each had a life insurance policy that named the other as the beneficiary. We kept these on during the divorce proceedings but after S… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
my mom just passed away & she has a life insurance policy with
my mom just passed away & she has a life insurance policy with myself as beneficiary with my deceased brother as contingent payee. my sister feels she is entitled to half, is this so?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
21,081 satisfied customers

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Thomas McJD

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Wills, Trusts, Probate & other Estate Matters

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Texas lawyer for 30 years in Estate law

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Ely

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RobertJDFL

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P. Simmons

P. Simmons

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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).

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