On a court order divorce decree, it has conflicting information, one said the husband get to keep his FEGLI insurance as part of

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.

Anaheim, CA -

Attorney Answers (4)

George Baker Richardson

George Baker Richardson

Family Law Attorney - Palo Alto, CA
Answered

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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Oscar Ernesto Toscano

Oscar Ernesto Toscano

Family Law Attorney - Glendale, CA
Answered

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.

Babak Robert Farzad

Babak Robert Farzad

Family Law Attorney - Santa Ana, CA
Answered

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... more
Edna Carroll Straus

Edna Carroll Straus

Family Law Attorney - San Juan Capistrano, CA
Answered

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.

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