does life insurance co. recognize common law relationships daughter wants to claim fathers life insurance but he has live in relationship with lady

[Just Blue]

no reply?????

The members here are volunteers and it's 1:38 in the morning where I am...you might want to display some patience.

 

[esther stutz]

The members here are volunteers and it's 1:38 in the morning where I am...you might want to display some patience.

will do hope u got answers he died in oklahoma no beneficiary i am mother live in california she will b 50 yrs old is there any way u can email me the info thanks will sign off now it is late

 

[Just Blue]

Ester, It would be easier to give you an answer if you would answer the questions asked. Perhaps when you come back later today you could review my postings to you and answer all the questions I asked....and please, remove your e-mail. None of the volunteers of this site will e-mail you but you might get some nut spamming you will crap.

 

[not2cleverRed]

will do hope u got answers he died in oklahoma no beneficiary i am mother live in california she will b 50 yrs old is there any way u can email me the info thanks will sign off now it is late

1) It would be more effective to give the factual information all in one post, written in clear sentences.

2) Do not "bump" trying to get more responses. Personally I was sleeping during all your flurry of posting, as were many others..

If there is no beneficiary of the life insurance policy, then it likely will just be treated as part of the estate, and moneys distributed in accordance with the will (if there is one) or Oklahoma "intestate succession" laws (if there is no will).

We don't know if your ex's relationship would be recognized as a common law marriage in OK. It takes more than just being snuggle bunnies.

 

[adjusterjack]

will do hope u got answers he died in oklahoma no beneficiary i am mother live in california she will b 50 yrs old is there any way u can email me the info thanks will sign off now it is late

Here's an answer to the question I think you are asking.

Life insurance proceeds are paid to a beneficiary listed on the policy. When there is no beneficiary listed, the proceeds are paid to the estate of the deceased. If the deceased had a will, his estate would be distributed through probate according to his will.

If he had no will his estate would be distributed under OK's laws of intestacy which is addressed by OK statute 84-213:

https://law.justia.com/codes/oklahoma/2019/title-84/section-84-213/

As for common law marriage in OK, it's complicated. Statute would appear not to allow it but OK courts have been recognizing common law marriages on occasion. You would need a lawyer to research whether the relationship would be upheld for the cohabitant to inherit anything.

Meantime, the daughter is free to seek to be appointed representative of the estate and claim the proceeds as sole heir and see how far she gets with that.

 

[Just Blue]

IMO it's not clear who is the common law "wife" that OP was referring to. Herself? The woman that lives/ed with now deceased Dad? What state did this common law marriage supposedly occur in?

Perhaps when @esther stutz returns she will cogently post what the entire situation is so we may assist her.

 

[Ohiogal]

Now

What state was the common law marriage in? How old is the child? Was Dad married to the woman he is living with?

now... we don't know it was a common law marriage... We also do not know if there is a will.

 

[Just Blue]

Now

now... we don't know it was a common law marriage... We also do not know if there is a will.

There's much we don't know.

 

[zddoodah]

This thread is a big mess (in no small part because of your apparent lack of skill writing in the English language), but here is some information that might be helpful:

1. The proceeds of a life insurance policy are payable to the named beneficiary. If there is no named beneficiary, then the proceeds are typically paid to the executor of the deceased's estate and, if not needed to pay estate debt, are distributed in accordance with the provisions of the deceased's will or the applicable law of intestate succession (i.e., the law that says who gets what when a person dies without a will).

2. If an insured under a life insurance policy is married and designates someone other than his/her spouse as beneficiary, the spouse might be able to challenge the beneficiary designation and obtain some or all of the policy proceeds.

3. California has never allowed the formation of common law marriages. Oklahoma does allow the formation of common law marriages, but simply living with someone does not make for a common law marriage.

With all that said, it would be helpful if you made an effort to tell us some relevant facts.