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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
14,490 satisfied customers
My farther in law just died. It has been discovered that he
My farther in law just died. It has been discovered that he had an insurance policy that named his daughter (my wife) as beneficiary of the policy. His daughter (my wife) passed away 8 years ago. He h… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,212 satisfied customers
Mom died with a will but there is not much left except
Mom died with a will but there is not much left except household furnishings and furniture plus a shed of lawn equipment. Also her personal items. I cared for her 5 years to keep her out of nursing ho… read more
Richard
Richard
Owner
Doctoral Degree
51,080 satisfied customers
My daughter ,with whom I lived due to my disability, died
My daughter ,with whom I lived due to my disability, died last April. I knew she left a significant life insurance for her 14 year old son because she figured whoever took care of him would need some … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My name Carolyn Chambers (Jeannie). I live in Colorado with
My name Carolyn Chambers (Jeannie). I live in Colorado with my husband, Randy and our son's Brian(11) and Gean(9). Randy is a Dept. of Defense firefighter who will have to retire at age 57, which is i… read more
Law Educator, Esq.
Law Educator, Esq.
126,911 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
Attorney
Doctoral Degree
5,908 satisfied customers
I am having surgery soon. My daughter is 15 and I am low on
I am having surgery soon. My daughter is 15 and I am low on family. Whatever happens to me, everything is hers, I don't want to make it complicated, if something were to happen to me and I didn't make… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My ex husband died 1-9-13. We had one daughter together, his
My ex husband died 1-9-13. We had one daughter together, his ONLY child. We found his Will which was drawn up in 1989 when our daughter was 10yrs old, we were divorced by then. His Will left everythin… read more
socrateaser
socrateaser
35,746 satisfied customers
My Grandmother passed 8/12/12. She lived in PA., was on Medicaid,
My Grandmother passed 8/12/12. She lived in PA., was on Medicaid, funds in checking at death were under $2,000. No estate account opened. Life Insurance payable to Funeral home PLUS Pre-arranged burri… read more
Attyadvisor
Attyadvisor
Doctoral Degree
9,556 satisfied customers
My son died at the age of 29. He was divorced with one child.
My son died at the age of 29. He was divorced with one child. His sole benificiary to his insurance was his 4 year old son. I could not get his insurance to pay for the funeral and now that the insura… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
My husband died almost a year ago without a Will in place. He and I were separated, but n
My husband died almost a year ago without a Will in place. He and I were separated, but not legally; nor were we divorced. Although we were separated, we were really good friends to one another. We ag… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Im trying to convince my dad who is dying soon to let his
I'm trying to convince my dad who is dying soon to let his house go back to the bank. He owes more than it's worth and doesn't have enough life insurance to pay the balance upon his death....my questi… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,212 satisfied customers
My mother-in-law died in Illinois. Her only remaining asset
My mother-in-law died in Illinois. Her only remaining asset is a $3000 life insurance policy. After my father-in-law died, she changed her primary beneficiary to her oldest child (son) because she tho… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
My father-in-law died four years ago. He thought he had changed
My father-in-law died four years ago. He thought he had changed the beneficiaries of his small life insurance policy to his two children. After his death, we learned that the beneficiary was still his… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My 87-year-old mother in law came to visit in Feb. this year.
My 87-year-old mother in law came to visit in Feb. this year. She dislocated her hip and is scheduled for a replacwmwnt June 29th. She has an old will "somewhere" in her home which she owns, in Niagar… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My ex-husband died intestate. We had a daughter (now 15 years
My ex-husband died intestate. We had a daughter (now 15 years old) together. As next of kin, his mother will probably be named executor of the estate. His sister, though, is running things in the back… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
1,812 satisfied customers
Hello, i was wondering if u could help me with one more question.
Hello, i was wondering if u could help me with one more question. as as final assignment, i have to draft a will according to Delaware law. Here's what im supposed to include: You are married with 2 m… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
My mom died in March of 2005. My brother died one week later.
My mom died in March of 2005. My brother died one week later. My mom was the named beneficiary of his policy. However, he has an estranged wife that at the time of his death was in prison for murderin… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

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Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

38,648 satisfied customers

12+ yrs. of experience including estate law.

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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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