Beneficiary of Unborn Infant

[smarchi]

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


Can an unborn infant be an irrevocable beneficiary of a term life insurance policy? In addition, can you set up automatic deduction on an enlisted Marine to pay for the policy where he cannot cancel the deduction? Background information, my daughter is pregnant with a Marine who is in the process of a divorce but he is being deployed in 30 days. I want to make sure if something unfortunate happens that the baby and my daughter has something to fall back on. Any other advice would be appreciated.What is the name of your state (only U.S. law)?

 

[cbg]

An unborn child cannot be the beneficiary of a life insurance policy.

The only way payroll deductions can be set up so that the employee cannot cancel them is if the deduction is required by law, or if there is a court order mandating them. Neither you nor your daughter can force him to make her the beneficiary of his life insurance or to have a policy with her listed as beneficiary. Unless a court orders him to supply such coverage, she's going to have to take her chances just like everyone else.

She should have thought of this before she got pregnant by a guy who is still legally married to someone else.

 

[CourtClerk]

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


Can an unborn infant be an irrevocable beneficiary of a term life insurance policy?

No

In addition, can you set up automatic deduction on an enlisted Marine to pay for the policy where he cannot cancel the deduction?

Not unless there is a court order ordering him to do so. There will not be such an order made however...

Background information, my daughter is pregnant with a Marine who is in the process of a divorce but he is being deployed in 30 days. I want to make sure if something unfortunate happens that the baby and my daughter has something to fall back on. Any other advice would be appreciated.What is the name of your state (only U.S. law)?

This man has no obligation to make sure your daughter has anything to fall back on. She's not his wife, she's some woman he knocked up. That does not create a legal obligation between him and her (your daughter). Also, until the child is born and paternity has been legally established, he has no obligation to care for the child either.

Further... CA is hard pressed to make him buy an insurance policy in cases of out of wedlock births. Those things are done in divorce cases, but not just when two people made a baby. At best, you can ask him to purchase a life insurance policy, and further give him the option of making the child the beneficiary once a DNA test has been performed and he is sure this is his child. In fact, he can have the money put in a trust for the child and make someone he trusts (maybe one of his parents or a sibling) the trustee.