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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102146
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I received a phone call telling me that my ex-husband had passed

Customer Question

I received a phone call telling me that my ex-husband had passed and there was a small insurance policy naming me as the beneficiary. They sent me the paperwork to fill out and send back, which I did.
Two days ago I received a very nasty letter from one of his daughters telling be how I didn't deserve it, etc.
These girls were my step-daughters.
I called the insurance company this morning and they told me that they had received the papers I had sent them, but it was on hold.
His daughter has a lawyer that had until June 24h, 2005 to file papers stopping me from getting the insurance and they are planning on giving it to the state. I'm assuming that they had the state pay for his burial and must try to pay them back what they can. insurance company told me that she does not know how much the policy is for, only that it is there and it was to go to me.
Is there anything I can do to stop this from happening or have I already lost the case?
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. 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; (B)If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this. Can you please tell me WHAT STATE this is in?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
His death and burial was in Kansas.
I live in Kansas and the girls live in Texas
Expert:  Ely replied 2 years ago.
Thank you.
The insurance policy - is this a life insurance policy, or what exactly?
Customer: replied 2 years ago.
Yes, it's a life insurance policy.
Expert:  Ely replied 2 years ago.
Thank you.
There is an automatic revocation provision under Kansas law which applies only to wills. This means that if a couple divorces, the ex is automatically written out of a Will. However, this is not true for a beneficiary designation. If the deceased listed his former spouse as beneficiary on an insurance or annuity policy during the marriage, and failed to change the designation after divorce, then technically, she is still the beneficiary.
Kansas legislature attempted to correct this by requiring that the Court order a change in beneficiary status as part of divorce decree.
However, this may have been overlooked, or, the divorce may have been before that law took effect.
So someone in your situation wants to see:
1) WHAT does the divorce decree state about the beneficiary change, if anything, and
2) Regardless, one may wish to fight her for the insurance policy because if either way, someone in your situation was NOT changed from the beneficiary position, they stand to be that beneficiary.
I would seek out an attorney to respond to anything they filed.
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