Life Insurance money, am I entitled?

[sjpalacios]

I live in Wisconsin. My husband and I have been married for 8 years. In April my father-in-law passed away. One of the life insurance policies was designated to all three kids and my mother-in-law. They each were to receive $25,000. When my mother-in-law found this out, she went bullistic because she wanted all the money. Over the course of several weeks she had guilted each of the boys into giving her the money. In return she was going to give them a portion of the money they were turning over to her. After they all signed over the money to her, she told them that she had no money to give them. I was furious. I didn't go along with giving her any of the money in the first place. My first question is, am I entitled to 1/2 of the $25,000 my husband gave away. My second question is are we entitled to the money she told us we were going to get? I am thinking about suing my mother-in-law, with the help of my sister-in-law, for $12,500 that I feel belonged to me due to the fact that my husband acquired this money during our marriage. Can someone help me with this? I want to make sure that I am understanding the laws in Wisconsin correctly before I begin the process.

 

[nextwife]

T am in Wisconsin, also...

"entitled", I don't know. Legally I suppose you could fight for the insurance proceeds. Is it a good idea to pursue this and fight with your spouse over it? NO!!!!!!!

First, the premium dollars that bought that policy came out of your MIL's household. Second, was she a SAHM? Many woman of that generation were. As such THEY have NO retirement or pension fund of their own to live off of. Sometimes the health insuranvce was a retirement benefit and will not be available after the retiree's death, so she will be faciong much larger premiums. Additionally, there may have been massive medical bills to pay off? Debts of the FIL?

When my Dad died, we presumed all should go to my mother. WE never got a dime when dad died (and I was only 22), and never expected to. She is the one that was truly entitled to whatever my dad left behind. Some day when she's gone, whatever is left will go to us kids - and G-d bless her if she and her money run out at the same time.

 

[sjpalacios]

All the money was not supposed to go to her. The boys were supposed to get some of that, which is the $25,000. She got almost $300,000 besides this amount. She does have a retirement account and a 401k account for her retirement. My FIL made sure that she would have money when she retires.

I'm not worried about causing problems between my husband and I at this point. We have recently seperated. The seperation is because she continually calls and asks my hubby for money and he gives it to her. She keeps saying she is broke, when in fact she still has $200,000 in the bank after paying off the house and vehicle.

 

[lukeroberts]

sjpalacios, seriously you make me sick. Tell me again how you think YOU are entitled to the money?
I have been reading these boards for quite a long time; enjoying the comments of IAAL and others, but your post and subsequent reply, finally got me to register and post. What is this world coming to when a woman wants to sue her soon to be ex MIL for monies out of an insurance policy paid for and died for by soon to be ex FIL...sick seriously sick.
Luke

 

[nextwife]

I see. So you want to pursue this so YOU can get a chunk of an inheritance his father may have left to HIM if you divorce him? I believe an inheritance is NOT community property. His dad left it to him, NOT to you. Even if he fights his mother and gets this money, it does not mean that you are necessarily entitled to it in a divorce. Or do you plan to stay with him IF he gets the money?

 

[TurboMonkey]

She's not asking morally though people, I agree what she's doing is wrong... but legally I think she has a point. (this is a legal advice column no?)

 

[nextwife]

From http://www.divorcenet.com/wi/wi-faq03.html

"WILL I BE ABLE TO KEEP OR RECOUP GIFTED OR INHERITED PROPERTY?

Generally, property that is inherited or gifted is not subject to division in a divorce but there are exceptions. What happens to gifted or inherited property received by one party either prior to or during a marriage depends on what was done with that property when it was received. For example, if you inherit a sum of money and keep it separate from marital property, you will most likely be able to keep that inheritance. However, if you take your inheritance and use it for a down payment on a marital home, the court will most likely consider that marital property and divide it."

 

[CAPrincess]

No, you are not entitled to any of the insurance money. Your husband was because he was one of the beneficiaries. He signed it over to his mom.
You can sue her all you want. Chances are you'll lose and be ordered to pay her legal fees, too.