Benificiary on policy or divorce papers?

[skale7179]

What is the name of your state? Illinois

My ex-husband recently passed. In our divorce papers it states that he/I are suppose to name our children as benificiaries on any life insurance policies or retirement funds. I have reason to believe he did not do this, and it was his father who was named.

Is there anything i can do?

 

[Betty]

What is the name of your state? Illinois

My ex-husband recently passed. In our divorce papers it states that he/I are suppose to name our children as benificiaries on any life insurance policies or retirement funds. I have reason to believe he did not do this, and it was his father who was named.

Is there anything i can do?

Re ins. proceeds: The only thing you can do is submit a claim to the ins. co. along with a copy of the death cert. & copy of divorce decree. I am assuming these are minor children. The father will probably also submit a claim if he knows he is named bene. Even if the father doesn't submit a claim, if he is named bene on the ins. policy, we will still have a "multiple claim" situation. The ins. co. will make the determination of who to pay the proceeds to. When there are multiple claims, if the ins. co. is unable to make the determination of who should receive the proceeds, the ins. co. will "pay" the money to a court & the court will decide who gets the proceeds.
Re the retirement funds - you will have to contact whoever is holding them & put in a claim.

 

[moburkes]

How old are your children?

Its a little late to to try figure out if someone followed the requirements of the divorce decree, don't you think?

 

[skale7179]

How old are your children?

Its a little late to to try figure out if someone followed the requirements of the divorce decree, don't you think?

The children are 16 and 8. And yes, I suppose it is a little late to find this out however I had no way of knowing before he passed if he was following the divorce papers......Its not like he wouldve just told me if i asked.

 

[moburkes]

While I understand what you're saying, this should have been addressed in front of the court. And, usually, the other parent is the beneficiary, not the minor children.

Make sure that you contact social security for survivor benefits.

 

[Betty]

The children are 16 and 8. And yes, I suppose it is a little late to find this out however I had no way of knowing before he passed if he was following the divorce papers......Its not like he wouldve just told me if i asked.

As suggested previously, put in a claim & see what happens.

 

[Dandy Don]

Is the life insurance the only asset in the estate or is there also a will being probated?

Check with the executor of the estate or the company holding the retirement monies if you know who that is to see how the beneficiaries were set up.

If he owes unpaid child support, file a claim with the estate to get that paid.

DANDY DON IN OKLAHOMA ([email protected])

 

[skale7179]

Is the life insurance the only asset in the estate or is there also a will being probated?

Check with the executor of the estate or the company holding the retirement monies if you know who that is to see how the beneficiaries were set up.

If he owes unpaid child support, file a claim with the estate to get that paid.

DANDY DON IN OKLAHOMA ([email protected])

Life insurance was the largest asset. Everything else was just personal items and a truck.

There was no will.

My children have gotten everything as far as personal items and the truck. I have hired a lawyer for them and he is currently working on this, from what I understand they are the "estate" so filing a claim would do no good.

also he was current in all child support.

 

[moburkes]

Unless the beneficiary of the life insurance policy was the estate, there is no claim.

 

[Betty]

Right - life ins. proceeds pass outside the estate (unless estate is bene) & goes to the bene(s) named in the policy.

 

[skale7179]

Thanks to you all for your replies!

 

[Betty]

You're quite welcome.

 

[skale7179]

Update...

This may get a lil confusing so please bear with me....

My ex-husband who passed was allegedly murdered by his brother. The brother was recently indicted by the grand jury of 1st degree murder. Thier father was the one named as the ben. on my ex's policy. Thier father has bailed the brother out of jail (100,000 bail) and is/has been supporting the brother as far as the brother temporarily living there and possibly attorney fees. I also know that the father has gave the brother money to send to his estranged wife. (7,000)

My question is....how would the ins co. feel that the fatheris helping out the brother who is allegedly the cause of my ex-husbands death? Anything I can do for my kids as far as that goes?

Thanks!

 

[Betty]

Have the proceeds been paid out to the father since you last posted? The father didn't kill the insured & the ins. co. can't tell a bene what to do with his money or the money from the ins. proceeds. If the money hasn't been paid out yet, it will prob. go to the father since he is named bene but you can try putting in a claim -- send along a copy of death cert. with a copy of the divorce decree as indicated previously.

 

[moburkes]

Have the proceeds been paid out to the father since you last posted? The father didn't kill the insured & the ins. co. can't tell a bene what to do with his money or the money from the ins. proceeds. If the money hasn't been paid out yet, it will prob. go to the father since he is named bene but you can try putting in a claim -- send along a copy of death cert. with a copy of the divorce decree as indicated previously.

Yep. It is not the insurance company's business to judge.