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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7348
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My husband and I separated in April 2011. During the marriage

Customer Question

My husband and I separated in April 2011. During the marriage he took out a $5 million dollar life insurance policy for our two daughters. Shortly after departing he informed me that he had been diagnosed with high blood pressure. At the time of separation his life insurance payments were being debited from my bank account. I asked him to take over the payments. In October of 2011 he sent me a text advising that he removed me as beneficiary. He sent another text in December 2011 and a third text in March 2012 informing me that I had been removed as the beneficiary. I asked him again to take over the payments and asked again in March 2013. He did not take over the payments. I did not cancel the policy for fear that he would not be able to get a new policy due to his health. In March 2014 he informed me he had been diagnosed with CLL Leukemia. He remarried and had a 3rd child with his new wife. In July 2014 he took over the payments after his new baby was born. He has refused to reimburse me for the payments I made between 2011 - 2014. I made the payments in order to keep the policy active with the understanding that my daughters would gain the full benefit of the policy. He told me it's none of my business what he does with his estate. There is no provision in our divorce agreement for life insurance. Is there a way for me to ensure that my daughters get the benefit of that policy based on the fact that I kept the policy active?
Submitted: 2 years ago.
Category: Legal
Expert:  Irwin Law replied 2 years ago.
Thank You for choosing Just Answer. the key piece of missing information here is: Who owns the policy? From the way you have worded it, it appears that your ex took it out and that he is the owner. If that is correct, there is absolutely nothing you can do about what he does regarding beneficiary changes at this late date. He clearly took advantage of the fact that you had no idea what ownership of the policy meant. You could sue him for reimbursement of the policy premiums that you paid, especially if he changes the beneficiary to remove your daughters. Perhaps there's an outside chance that an out-of-court settlement could be reached whereby he would contractually agree not to make that change, and perhaps agree that all three children be named.
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