can a child superceed a named beneficiary?

[Ariel1974]

What is the name of your state? California
My boyfriend had made me his beneficiary and his sister as contingent on his Life Ins. Policy. He recently died and all were shocked. I just filed the claim and the Ins. company called to say that his ex-wife was trying to contest the claim. He had a 9 year old child with this woman. Neither the child or his ex-wife were ever beneficiaries. Does the fact that there is a child superceed a named beneficiary? Does the Ex have a valid claim to contest a sole beneficiary?

 

[Dandy Don]

Ex's claim will probably not be valid unless there was some stipulation in the divorce decree that he maintain a life insurance policy.

 

[rmet4nzkx]

Was he current on child support?

 

[Ariel1974]

re:

There was nothing in divorce decree, This policy was made years after divorce. He also had joint custody and was not court ordered to pay child support.

 

[Ariel1974]

re

The ins. co. just sent a letter saying that I have 30 days to come to an agreement with the person contesting the claim, who is not on the policy. The next step after 30 days an interpleter for the courts will be assigned. They also informed me that all court costs would come out of the ins. money. I called and asked how someone, not even the contingent can do this, or have any right to the claim. I also found out that the son was listed for a couple of months at one point. Then someone else and then me. Can someone explain to me how if I am the beneficiary how someone not on polcy can contest the claim?

I am also not happy with this so far since I am divorced and if I left money to whomever I choose will my ex-husband be able to contest it and possibly win?

 

[Lusan]

Can a child superceed a named beneficiary?

I live in Florida, and am not familiar with California Law. Correct me if I am wrong, but doesn't a beneficiary have to have Insurable Interest. It would seem to me that children have insurable interest and the girlfriend doesn't, unless this is provided for through a "common Law" relationship.

If I am correct, the proceeds would go to the child.

This is my first post, so, please bear with me.