his property division while the other stated that he is to maintain his ex-wife as a beneficiary. which he failed to comply because a year earlier he already designated someone else as the beneficary. Then husband passed away after the divorce was finalized and the ex wife is claiming that she is entitled to his life insurance proceeding instead of the designated beneficiary.
How do we resolve this issue?
Family Law Attorney
This does not sound like conflicting information. Owning an insurance policy is not the same as designating a beneficiary. Husband could keep ownership of his policy and, for instance, the cash value, while retaining former wife as beneficiary. This is frequently done to protect child support or spousal support in the event of the untimely death of the father / former husband. Whether you are posting this question on behalf of the widow or former wife, both should consult with an experienced family law and / or probate lawyer to explore next steps.
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If you found this response helpful, please let me know by clicking the "Mark as Helpful" button at the bottom of this response. Thank you. Mr. Richardson practices in San Mateo and Santa Clara Counties, and concentrates in non-adversarial dispute resolution as a mediator and collaborative lawyer. The California State Bar Board of Legal Specialization certifies Mr. Richardson as a specialist in California Family Law. He offers no comments or advice with respect to the laws of any state or jurisdiction other than California. The above answer is a general explanation of legal rights and procedures. Mr. Richardson is not your lawyer unless and until you and he have personally met together. This post does not constitute legal advice, and no lawyer client relationship results.
It's possible the designation of her as the beneficiary was related to security for support. In such an event, they may not be a conflict. Questions like this cannot be answered properly without a review of the judgment. If you need a free consultation, we provide it. We are an Orange County family law firm and our contact information is in my profile.
Anytime a question refers to a document, whether or not filed with the court, a complete answer cannot be provided until the document is reviewed. Furthermore, nothing contained in this answer should be considered legal advice. Legal advice can only be given during a formal consultation. Our law firm offers a free consultation to prospective clients who have divorce and family law questions. Contact us by telephone or email and we can give you a more detailed answer to your question.
Family Law Attorney
The beneficiary designation is binding as to the insurance carrier . But whoever the decedent husband designated as the beneficiary (in violation of a valid court order) MIGHT be vulnerable to a claim s/he holds the proceeds in trust for he ex-wife to whom the proceeds were to have gone. If that is you I'd recommend mediation and settlement. The ex wife does have a claim.
Criminal Defense Attorney
I have had a related issue of conflicting claims over an insurance policy. The ex wife appears to have a claim but her claim is not 100 % guaranteed. Look at the policy itself and the judgment itself. Talk to the attorneys who drafted the agreement to find out what they had in mind. The insurance contract is binding on the insurance contract unless there are conflicting claims. If there are conflicting claims that cannot be resolved, then you could file an interpleader action or the insurance company will file a federal interpleader civil action and deposit the monies in court and have the court decide who the money belongs to. I will be glad to help in you need my help.