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I have been married to my husband for 29 yrs. He passed this…

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I have been married...

I have been married to my husband for 29 yrs. He passed this pass may 1, 2017. There is a paid up policy that was purchased in 1975, while my husband was married to is first wife. His ex wife passed in 07. They are adults. ( 49 and 38 yrs old. I went to cash in policy in June. It is for $10,000.00 They are saying it was given to their mother in the divorce decree. Pan American not is saying we have to decide who it belong to. I have the lastest change of beneficiary and a will, which My husband chose to leave them nothing as he had very little money as he had CAD and Back issues when we married in 1998. How can a Insurance way this policy and they have a divorce decree they are using that should be no good if both parties are deceased.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

They told the policy server at the insurance comapy they will divided it with me. I have my husband funeral to apy and our bills. They are married and have been many yrs.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They had a poor relationship with there Dad when I entered the marriage. We saw them when they wanted money or a car. My husband worked for GM for 45 yrs. He was not able to buy insurance when we married. They have always acted entitiled per people who worked with my husband and I saw that from them both the few times we saw them.s

Submitted: 5 months ago.Category: Legal
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Answered in 17 minutes by:
11/17/2017
Lawyer: Barrister, Attorney replied 5 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,063
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

They are saying it was given to their mother in the divorce decree.

.

I hate to say it, but if they are being truthful, and you would want to get a copy of any divorce property settlement agreement from the court to make sure, then they would inherit the policy proceeds from their mother's estate.. If the policy was awarded to the ex wife, then it is her personal property indefinitely and her estate becomes its owner after she passed if the insured (husband) hadn't passed yet.

.

If that is the case, then you would be wise to settle for half because legally you wouldn't be entitled to the proceeds at all...

.

.

thanks

Barrister

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Customer reply replied 5 months ago
I did get the Divorce Decree yesterday from the court house down town. $1.00 per page and it cost me $81.00. It states the number of the policy which was the same # on paperwork here in the house, but the amount was not 25,000. as stated in the decree. It was $ 8950. plus interest. My husband just passed 5/1/17. I guess after His ex wife actually put every pair of socks, T shirt, flower arrangement, # of jeans, her jewelry, her furs, every piece of furniture, the inventory went on forever with, ie 47 pages. But MY husband, was in turn suppose to get her insurance policy. He showed she cashed it in a few years before she passed in 2007. What can I do about that policy, because Melvin never rec'd proceeds when she passed.
Lawyer: Barrister, Attorney replied 5 months ago

You can sue her estate if it is still open for whatever the value of it was supposed to be if she had passed... If her estate is closed now, then the children would have to reopen the estate to get the proceeds from husbands policy and you could then sue her estate on behalf of husband's estate for the value of the policy on ex's life that his estate should have received when she died back in 2007.

.

But this will likely cost several thousand for an attorney to actually pursue this, so settling with them is likely you best and cheapest option here..

.

.

thanks

Barrister

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Lawyer: Barrister, Attorney replied 5 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
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Category: Legal
Satisfied Customers: 41,063
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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