Community property claim by spouse.

[cwiggins]

What is the name of your state? New Mexico
My ex-husband is the owner of a life insurance policy in which his two daughters are the beneficiaries, and they also pay the premiums. Someone told my daughters that they should change the ownership of the policy to avoid a possible claim of ownership by his spouse due to community property laws. The application for change of ownership requires his spouse's signature, which she will not give. Would his spouse have a claim to the insurance proceeds despite the beneficiary designation?

 

[I AM ALWAYS LIABLE]

What is the name of your state? New Mexico
My ex-husband is the owner of a life insurance policy in which his two daughters are the beneficiaries, and they also pay the premiums. Someone told my daughters that they should change the ownership of the policy to avoid a possible claim of ownership by his spouse due to community property laws. The application for change of ownership requires his spouse's signature, which she will not give. Would his spouse have a claim to the insurance proceeds despite the beneficiary designation?

My response:

You haven't given enough pertinent factual information; e.g., is this a Military policy, or Term Life policy, or Whole Life policy? Also, when was the policy purchased? Was there ever any community funds used for it's payment of premiums? And, many, many more questions would need answering.

In any event, your daughters should seek the advice of an attorney on this subject because any response to you on these forums will require too many back and forth question and responses, and be very lengthy.

Good luck.

IAAL