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Dad's Ex Wife Claim To Life Insurance????

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R

ROSSCO

Guest
What is the name of your state? Kansas

My father became sick in June 2002 and passed away November 2002 from Rocky Mountain Spotted Fever. When he became sick he was in the process of getting a divorce and foreclosure on their farm. Right before he became sick he planned to have a power attorney signed listing me, his oldest daughter, but didn’t get to it. In October after he started to enter Rehab he did sign a power of attorney listing me. I have used this to divorce him, sign legal documents for the divorce and foreclosure and deeds as recommended by his attorney. Dad also told us about a life insurance policy that needed to be changed from his ex-wife to his daughters so we could receive it to take care of his 84-year-old mother (our grandmother)

We knew his ex-wife had the original policy and she would not disclose it during the divorce process. I happened across a statement for this policy (it was a policy that was self paying itself) I called the insurance company, faxed and mailed the power of attorney papers, changed the beneficiaries, applied for a lost policy and received everything. I had talked to this life insurance company many, many times about the situation and never had any problems changing anything. They even sent letters stating that the beneficiaries had been changed, etc…. He was the sole owner of this policy.

Now after my dad’s passing, we filed a claim and so did his ex-wife (since she did have the original policy) Now the insurance company is reviewing it? Can they deny this with the power of attorney changing the beneficiaries? Can his ex-wife have rights to it? She is now trying to appeal their divorce. That still doesn’t give her the right to the insurance does it?

An she is saying that the life insurance will not go to anyone but to his estate? We also have a half sister who I did not name on the policy when I added dad’s 4 daughters (she was not around much) can she put in a claim to it even though she wasn’t listed????
 


ALawyer

Senior Member
Heck, I could file a claim too. BUT I'd lose.

The insurance company will likely place the money on deposit with the court in an interpleader action and let the wife and named beneficiaries fight it out. The insurance company does not want to -- and should not risk having to -- having to pay twice.
 

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