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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33555
Experience:  Estate Law Expert
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My former spouse died. he is remarried and left me as beneficiary

Customer Question

my former spouse died. he is remarried and left me as beneficiary on his policy for our 3 children. problem is I am in bankruptcy. can my oldest child sue for his share rather than bankruptcy take it all...I feel it was for the children, not me
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. The oldest child really can't sue because there is no basis. However, there may be another way. Did your ex leave a will?
Customer: replied 1 year ago.
Expert:  Dwayne B. replied 1 year ago.
If you turn down the beneficiary designation then it will either go to the alternate beneficiary, if one was named, or, if not, then it will go into his estate and be divided among his heirs under the laws of intestate succession. Did he buy this policy before or after the divorce? Was it purchased as the result of a court order directing him to buy the policy?
Customer: replied 1 year ago.
I am in Louisiana. He was killed in a motorcycle accident on Wednesday last week. I did verify that he kept his word to do this. Now I feel disgusted that the bankruptcy is sure to take it all.
Customer: replied 1 year ago.
We were married at the time purchased since 1997. Divorced in 2001 but discussed this in the past recently
Customer: replied 1 year ago.
I am remarried also.
Customer: replied 1 year ago.
I have a disabled son 19, a normal functioning son age 18 and my daughter 15
Expert:  Dwayne B. replied 1 year ago.
There is another issue that is likely going to come up. The law, in general, states that if an insurance policy is purchased during a marriage and then the parties are subsequently divorced and the beneficiary of the policy is the now ex-spouse, the ex-spouse is removed as the beneficiary and the policy proceeds go to the estate. The only exception to this is if he somehow "re-affirmed" the beneficiary designation. You probably need to go and visit with a local attorney and figure out how to handle this issue. Likely they are going to tell you to file against it for the child support that would still be owed.
Customer: replied 1 year ago.
Sounds complicated and I do not look forward to this at all. Thank u
Expert:  Dwayne B. replied 1 year ago.
It is a little complicated. Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.