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My spouse died, she left her insurance to her son. As a
My spouse died, she left her insurance to her son. As a spouse what is my legal entitlement according to the state of South Carolina. I just seem strange that her son rushed the service and did not le… read more
Jessica B
Jessica B
Juris Doctor
9,040 satisfied customers
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
21,208 satisfied customers
I'm in Texas. My dad is terminal with cancer, but still in s
I'm in Texas. My dad is terminal with cancer, but still in his right mind and home and physically mobile. His wife is the beneficiary on his life insurance policy. She is and has been in the hospital … read more
ScottyMacEsq
ScottyMacEsq
Attorney
Doctoral Degree
1,410 satisfied customers
P. This is pertaining to the same adult child. We were told
P Simmons. This is pertaining to the same adult child. We were told (prior to) a distribution of $ from a Federal Govt pension plan and any $ from wages and vacation time due the child, that the other… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
44,475 satisfied customers
My question is about claims Insurance. My husband's
My question is about claims for Life Insurance. My husband's Life Insurance policy indicated an alternate/contingent beneficiary. When do you resort payment to an alternate beneficiary? Do I have a ri… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
26,412 satisfied customers
Selling my mothers home in NC -- estate sale. Closing attorney
Selling my mother's home in NC -- estate sale. Closing attorney wants my husband's signature although he is not an owner. We wonder why he needs to be involved at all. Thanks.… read more
ScottyMacEsq
ScottyMacEsq
Attorney
Doctoral Degree
1,410 satisfied customers
When my husband died in 2006, I found out that he had a life
When my husband died in 2006, I found out that he had a life insurance policy on himself and listed his children as beneficiary. What is the law regarding spouse being aware of life ins. policy and ab… read more
Attyadvisor
Attyadvisor
Doctoral Degree
11,758 satisfied customers
If the spouse wrote 40/60 to wife and to daughter can daughter
If the spouse wrote 40/60 to wife and to daughter can daughter overwrite being named beneficiary and take all the 500,000? Surviving spouse in New Mexico State of New Mexico… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
27,362 satisfied customers
My friend changed an Ins. Policy making me the beneficiary
My friend changed an Ins. Policy making me the beneficiary by completing a form with all my correct information. Contingent he forgot to write the relationship...his daughter. Form was rejected asking… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
27,362 satisfied customers
My mother passed away in NC in Dec. 2009. She always said she
My mother passed away in NC in Dec. 2009. She always said she is going to leave her money to her 3 sons. I being one of them. Middle brother told me he was executor. I know mother had her own banking/… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
how do i contest my fathers will, since he had my mother as
how do i contest my fathers will, since he had my mother as the ben and she past away 20 years ago. he just passed away today… read more
Ellen
Ellen
Attorney
Doctoral Degree
20,957 satisfied customers
I am the Executor to my Fathers Estate. He had named his Brother
I am the Executor to my Father's Estate. He had named his Brother as Benificary on his work life ins policy. However, his brother is in a State Health Center after having a stroke. His other brother w… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
My father passed on Oct. 19 2009 from Lung cancer and did not
My father passed on Oct. 19 2009 from Lung cancer and did not have a will. I am the beneficiary on the insurance policy. The problem is he let the insurance laspe and reinstated it and the insurance c… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
I live in NJ and want to fill out one of my life insurance
I live in NJ and want to fill out one of my life insurance beneficiary forms with primary beneficiaries being 45% to my wife, 45% to Family Trust benefiting children, and 5% each to my 2 brothers. HOW… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
In the state of Texas, a father dies leaving a spouse and 3
In the state of Texas, a father dies leaving a spouse and 3 adult children and 1 adult step child. There is no will. The spouse is the step mother and mother of the surviving children. How is personal… read more
Alexia Esq.
Alexia Esq.
Managing Lawyer/Advocate
Doctoral Degree
10,116 satisfied customers
My father recently passed away and when looking through his
My father recently passed away and when looking through his paperwork discovered that he named 3 of his children from his second marriage as primary beneficiaries of his life insurance policy and my b… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
1,834 satisfied customers
My husbands father passed away and my husband also passed away
My husbands father passed away and my husband also passed away before his father we were still married. I know there was life Ins. for my husband from his father. Would I be entitled to that life Ins.… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
What happens to Life Insurance proceeds when a minor child
What happens to Life Insurance proceeds when a minor child is named the beneficiary under Virginia law?… read more
legallysound
legallysound
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Doctoral Degree
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Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

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Wills, Trusts, Probate & other Estate Matters

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Barrister

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RayAnswers

RayAnswers

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Texas lawyer for 30 years in Estate law

Ely

Ely

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Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

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1,669 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

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12+ yrs. of experience including estate law.

ScottyMacEsq

ScottyMacEsq

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1,410 satisfied customers

Licensed Texas General Practice Attorney

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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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