death without required insurance

[brismema]

My ex was supposed to carry a $200,000 life insurance policy naming our son as the irrevocable benefactor. He recently died and I learned he never took out this policy. He did have life insurance through his work, but assigned that policy to his current wife. What are my rights? I live in Florida.

 

[LegalBeagle]

My ex was supposed to carry a $200,000 life insurance policy naming our son as the irrevocable benefactor. He recently died and I learned he never took out this policy. He did have life insurance through his work, but assigned that policy to his current wife. What are my rights? I live in Florida.

Get an attorney and sue his estate for the remaining amount of outstanding Child Support.

 

[brismema]

follow up question on life insurance

Will the life insurance policy he left for his current wife become a part of his estate? Otherwise his estate is in the red...totally.

 

[lildevil719]

do you have a legal order from the court saying that he was to take out this life insurance policy? If so, there's most likely something you can do and you should get an attorney...if not, then you're pretty much just out of luck.

 

[LegalBeagle]

Re: follow up question on life insurance

Will the life insurance policy he left for his current wife become a part of his estate? Otherwise his estate is in the red...totally.

I am not 100% sure.. but if there is money as a result of his death then you have a chance to sue for some of it. His children should come first.

 

[brismema]

follow up on insurance

It was stated in our divorce agreement that he was to carry a policy for $200,000 to cover future child support payments in the event of his death. I never asked him about the policy, I just thought he would get one. Now I find out that he never took one out. All he has is his work policy, $160,000 which he left to his current wife. His estate is debt only...

 

[LegalBeagle]

Re: follow up on insurance

It was stated in our divorce agreement that he was to carry a policy for $200,000 to cover future child support payments in the event of his death. I never asked him about the policy, I just thought he would get one. Now I find out that he never took one out. All he has is his work policy, $160,000 which he left to his current wife. His estate is debt only...

Post this question on the 'Wills and Probate' board.

Either way, talk to several attorneys and see if you can sue for this money.