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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
14,135 satisfied customers
My husband passed away on November 20, 2016. He was divorced
My husband passed away on November 20, 2016. He was divorced and there are 2 kids from that marriage. There is a marriage settlement agreement in 2013 that states that the father agrees that he will m… read more
Jessica B
Jessica B
Juris Doctor
2,171 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
My husband irrevocably named his ex as primary beneficiary
My husband irrevocably named his ex as primary beneficiary of 2 life insurance policies, children as irrevocable secondary beneficiaries. The ex died, he then named me as primary with children as seco… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
6,231 satisfied customers
I am an ex spouse. My ex had to have a Life Insurance policy
I am an ex spouse. My ex had to have a Life Insurance policy with me as the beneficiary per the divorce settlement. I have a copy of it from 2012. I do believe that as he has now remarried that he has… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
3,254 satisfied customers
Can a guardian of property transfer ownership of 's life
Can a guardian of property transfer ownership of ward's life insurance policies to ward's ex-wife, instead of ward's spouse, who is also ward's guardian of person?… read more
Ely
Ely
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1,867 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
21,328 satisfied customers
My father passed a way in December 2013. He had a life insurance
My father passed a way in December 2013. He had a life insurance policy and all 4 of his children (myself, my 2 brothers from his first marriage, and a minor sister from his second marriage, of which … read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,438 satisfied customers
My ex husband who was re-married became Medicaid eligble and
My ex husband who was re-married became Medicaid eligble and started benefits on Oct. 1, 2013. He passed March 20, 2014. In 1988 he took out a whole life policy with me as the primary beneficiary and … read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers
We are in the process of divorce and my husband said that he
We are in the process of divorce and my husband said that he has name our children to be beneficiary for his retirement and life insurance, and he said according to the PA law that the ex-spouse canno… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
Doctoral Degree
38,452 satisfied customers
State of Tennessee Expert: Background -- Father/Ex-husband
State of Tennessee Expert: Background -- Father/Ex-husband of my 3 adult children died (suicide) in TEXAS. I was his 3rd wife of 6 marriages. He had a close relationship with all 3 of his children and… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My husbands divorce decree stated that he and his ex maintain
My husband's divorce decree stated that he and his ex maintain an existing life insurance policy they had on each other for life. He maintained the policy until their child was an adult and then he ca… read more
Attyadvisor
Attyadvisor
Doctoral Degree
9,414 satisfied customers
I received a letter from an insurance company stating I was
I received a letter from an insurance company stating I was the beneficiary on a life insurance of my deceased ex husband .He died 17 years ago and was remarried at the time.The insurance company is n… read more
Loren
Loren
36,360 satisfied customers
My father passed in April. He was a retiree of the U.S. Postal
My father passed in April. He was a retiree of the U.S. Postal Service through whom he had a small life insurance policy. He divorced in 2003. The terms of the divorce decree, to which both parties si… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
1,215 satisfied customers
I received a Notice of Hearing from the Court of Probate.
I received a Notice of Hearing from the Court of Probate. The petitioner is the executrix of husbands estate and she is looking for a decree confirming her Application for Support of the deceased's fa… read more
Law Educator, Esq.
Law Educator, Esq.
126,204 satisfied customers
Ex-Husband died suddenly three years ago intestate. We were
Ex-Husband died suddenly three years ago intestate. We were married 25 years. We had been divorced 15 years. He lived up to his promises in the divorce except for a 100,000. dollar life insurance poli… read more
Alexia Esq.
Alexia Esq.
Managing Lawyer/Advocate
Doctoral Degree
10,115 satisfied customers
I have a client whose divorce decree states that the husband
I have a client whose divorce decree states that the husband maintain Life Insurance on his life with a death benefit of $1.5M naming the ex-wife as beneficiary of $750,000 and naming her as Trustee f… read more
CA Lawyer
CA Lawyer
Partner
Doctoral Degree
255 satisfied customers
My question My wifes brother lives in Florida and he is in
My question: My wife's brother lives in Florida and he is in the last stages of cancer. He may have 2 to 3 weeks before he dies. He has no will and does some assets. What is the probate process in Flo… read more
socrateaser
socrateaser
35,671 satisfied customers

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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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