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My brother died unexpectedly in Los Alamos, NM at the end of
My brother died unexpectedly in Los Alamos, NM at the end of October and his girlfriend is pregnant. We were trying to settle his estate...in the negative but she is wanting to be the personal rep. My… read more
Jessica B
Jessica B
Juris Doctor
6,245 satisfied customers
My ex-husband died May 4, 2018. Our 2014 divorce decree
My ex-husband died May 4, 2018. Our 2014 divorce decree stated he was to maintain a life insurance policy with me as the beneficiary. We had been married 32 years. He remarried in August of 2015 and a… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
7,913 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
20,592 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
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my father was at end stages of copd. he transferred his home
my father was at end stages of copd. he transferred his home to me in june of 2014 so i became the owner and he became the life estate on the deed .the homeowners insurance and the mortgage remained i… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
24,948 satisfied customers
Hi, I have a very important question and I am hoping you can
Hi, I have a very important question and I am hoping you can help me. Back in October of 2012 my 39 year old brother passed away unexpectedly at home with his 14 year old son there. He had been divorc… read more
Law Educator, Esq.
Law Educator, Esq.
137,126 satisfied customers
In my divorce decree my exhusband has to keep a life ins. policy
In my divorce decree my exhusband has to keep a life ins. policy on himself inforce and name me as the beneficiary, I ask him to send me an updated policy after 4 years and he did but under the percen… read more
P. Simmons
P. Simmons
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Doctoral Degree
1,335 satisfied customers
My brother in law is dying of brain cancer in a few days. He
My brother in law is dying of brain cancer in a few days. He has an employer paid life insurance policy for $30,000. His daughter lives in Maine and he resides in California. He has no trust. He HAS N… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
MA resident. My ex-wife recently passed and the current spouse
MA resident. My ex-wife recently passed and the current spouse (step father) is holding up my biological son's (age: 11) share of funds (life insurance). The spouse claims he's willing to deposit the … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My dad passed away on January 1, 2011 at age 67. He was single.
My dad passed away on January 1, 2011 at age 67. He was single. He had life insurance. Beneficiary is ex wife. Beneficiary was never updated. They were divorced in 2001. Married 6 years. Ex wife refus… read more
Loren
Loren
42,798 satisfied customers
My husband passed two years ago and left my son some life insurance
My husband passed two years ago and left my son some life insurance money that is now in a total control account with MetLife. This money will become available to my son when he turns 18 years of age.… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
3,122 satisfied customers
My x husband, Tim, passed away 5/14/10. We have an 18 y/o son
My x husband, Tim, passed away 5/14/10. We have an 18 y/o son together. My X left no will, trust, power of attorney. I believe my son to be the sole benefactor of his estate. Tim's assets are ~ $35,00… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My son, now 54, suffers from FTD, a degenerative brain disease.
My son, now 54, suffers from FTD, a degenerative brain disease. He was unable to make a will before being declared by the court to be an incapacitated adult. His finances are managed by the Madison Co… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
3,122 satisfied customers
The father of my six year old died (suddenly, unexpectedly
The father of my six year old died (suddenly, unexpectedly at age 48). His financial affidavit this Sept in court indicated life insurance (which I knew he had for many years as he was a former life i… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
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My son passed away unexpectedly last year. He did not have
My son passed away unexpectedly last year. He did not have any assets. He did have an AIG retirement fund with a value of approximately $800. When he filled out the paperwork, he neglected to name a b… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My husband passed away last month. He designated his son as
My husband passed away last month. He designated his son as sole beneficiary on the life insurance policy he purchased through his employer. We are in California, a community property state. I sent a … read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
ok so my ex husband recently died. He was supposed to carry
ok so my ex husband recently died. He was supposed to carry life insurance policy with his son as beneficiary and obviously me as executor/trustee. To my knowledge he failed to do so even though it wa… read more
Family Law Answers
Family Law Answers
Juris Doctorate
1,261 satisfied customers
My mother (age 63) is the sole beneficiary of her (age 60)
"My mother (age 63) is the sole beneficiary of her (age 60) recently deceased brother's life insurance and IRA, because his only son (age 25) is incarcerated for 9 more years in a Dept. of Corrections… read more
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Roger
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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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