Benificiary

[luvthesunshine]

I live in Kansas. During the time that I was married my husband changed his benificiary to his girlfriends name. I didn't know this. We later got a divorce he married the girlfriend then divorced her too but never got around to changeing his benificiary. He has passed away. Is it legal in Kansas to change your spouses name on a insurance policy and do I have a chance of winning if I go to court with this? Also it does NOT say I cannot be his benificiary in our divorce papers.

 

[ecmst12]

Regardless of anything else, she was his most recent spouse and so I don't think you have any chance of successfully challenging the beneficiary designation. How do you even know that he changed it before he married her?

 

[luvthesunshine]

because my kids tried to challenge it and the paper sent to them by the insurance co gave the date he put her name on the papers.

 

[luvthesunshine]

also I have his divorce papers with her and it clearly says in hers that she is NOT allowed to be his benificiary but because he never put anyone else on it it will go to her unless I have a chance to win. I would rather see it go to the State then for her to get it if I can't have it.

 

[cbg]

While the beneficiary of a 401k must be the current spouse unless the spouse gives written permission for it to be otherwise (and after he married her that would wipe you out of contention anyway) there is no such law for life insurance policies. He can make his cat his life insurance beneficiary if he wants to, and he doesn't have to get anyone's permission or tell anyone but the life insurance company.

I see no valid claim that you might have on his life insurance.

 

[Betty]

Generally the ins. co. is going to pay the proceeds to the beneficiary last named in the policy. The bene on their records.

 

[ecmst12]

His kids have a much better chance of challenging it over you, but it appears they were not successful either.

 

[Betty]

Yep. Doubtful that anyone not named as bene in the pol. will get the proceeds. They go by the bene last named.

Sorry.