Beneficiary Not Recieve Money

[XTCTINGLEY]

MY SIBBLING DIED SUDDENLY AFTER MARRING HER 2ND HUSBAND FOR ONLY 5 MO. THERE WAS NO NEW WILL AND 1ST HUSBAND IS BENEFICARY ON 1 OF HER LIFE INS. POLICES. IT HAS BEEN 11 WEEKS SINCE HER DEATH & WE STILL HAVE NOT RECIEVED MONEY FROM INS. THIS MONEY IS FOR HER 4 CHILDREN. WHEN OLDEST CHILD CALLED INS. CHILD WAS TOLD INS. SENT LETTER TO HUSBAND #2 INFORMING IT IS TO GO TO COURT AS OH HAS LAW DIVORCED HUSBAND IS NOT ALLOWED COLLECT MONEY. I AM CONFUSED AND WANT TO HELP MY SISTERS CHILDREN RECIEVE MONEY THEIR MOTHER & BIOLOGICAL FATHER INTENDED FOR THEM.

 

[clyve]

If the insurance policies were issued through an employer as employee benefits then the payment to the beneficiary is likely required to follow ERISA (employee retirement security act of 1974) procedures. Any dispute would likely have to be settled in federal district court if there is a dispute or question as to the designated beneficiary. If the insurance policies were privately purchased, any dispute about the rightful beneficiary likely then becomes a matter governed by the laws of the decedant's resident state. There are several exceptions to this including some new laws, but the insurance company may automatically refer the matter to the court on its own as an "interpleader", I think it is called. Go to www.ebia.com and search for summaries of court cases that most closely match your problem. It may give you some ideas. I am not a lawyer and you may need one. Also try going through the insurance plan administrator at the decedant's workplace if this was an employee policy. CM