Beneficiary Confused after death

[Peta]

What is the name of your state (only U.S. law)? Michigan

My daughter has been married (about 5 years) to a devoiced man who has 3 minor children. As part of his devoice settlement it stated that both he and his former wife list the 3 minor children as beneficiaries on their life insurance. Unfortunately my daughter's husband unexpectedly passed away. We recently found out that about a year ago he changed his life insurance beneficiary to list my daughter as his only beneficiary. So, here are the questions 1. Did he have a right to change the beneficiary. 2. Does my daughter have any right to the money? 3. Do the 3 minor children get the whole amount or just a portion that represent what they would have gotten through child support until they reach 18.

 

[Dandy Don]

No, he did not have the right to do that.

Your daughter should do the right thing and inform the former wife AND the insurance company that she is declining the money and that the former wife needs to present the insurance company with a certified copy of the divorce decree/settlement that contains the provision about the children being named beneficiaries so that the former wife can claim the money on their behalf, or daughter can get the check and then turn the money over to the former wife for her to put in trust for the children.

They will get whatever the amount of the policy is worth and it is not computed on child support.

DANDY DON IN OKLAHOMA ([email protected])

 

[TinkerBelleLuvr]

Were there multiple insurance policies? One that went to the X and one for the OP?

 

[Peta]

No, only the one policy

 

[ecmst12]

Does the divorce decree state that the children must be the ONLY beneficiaries?