ex-wife beneficiary

[azbrooke]

What is the name of your state? NE

My father recently passed away in an auto accident. He changed the beneficiary on his work life insurance to me with his open enrollment in January, but not his personal life insurance. His personal life insurance policy still lists his ex-wife. His ex-wife disappeared about 18 months ago due to legal reasons and has a warrent out for her arrest. He divorced her about 8 months ago. I have two questions:

1) My sister and I were advised by his insurance agent to put a freeze on the benefit. How is this done? We have an estate lawyer, but do not know if it is worth the time or money to get an insurance lawyer.

2) Is there any legal way we can contest the ex-wife's right as the beneficiary? He has no children with her or insurable interest at this time. The beneficiary change was discussed with his agent but never filed.

 

[Dandy Don]

Would the insurance agent sign a letter verifying that the beneficiary change WAS discussed with him and exactly who the new beneficiary should be? Why was there nothing put in writing by your father to designate this?

 

[azbrooke]

My dad's ex-wife is still missing. My dad's employer wrote a letter for us, but his persional life insurance agent did not respond. The proceeds are going to be paid to the State of Nebraska. I am going to ask for a letter again once the money has been paid to the state.

My sister and I filed a claim, but so did my dad's ex-wifes' chidren. They are not related to my dad in any way, but are making a claim based upon being heirs to the beneificary.

Do they have any legal right to the money? Should I get a lawyer that is more specialized to this field? It is a small town and there is an advantage to having a lawyer locally. I am in Arizona. This is all happening in Nebraska.

 

[Dandy Don]

Call up any other large insurance company (NOT the one that is holding the life insurance policy you are interested in) and ask about how to freeze a benefit (or talk to an insurance agent about this, again one who is NOT affiliated with the company that his holding your father's policy), or maybe you could contact the company by e-mail to get your questions answered (ask more than one company to see what type of answers you get).

Under normal circumstances it would not have been possible for you to contest the ex-wife's status as beneficiary since that is ironclad, but you have an extraordinarily special exception in that he had discussed it with his agent, thereby giving you a legal "opening" for possibly being able to successfully challenge the beneficiary status. If you can get your attorney to get a signed statement/affidavit from the agent that this was your father's intention, then you will be well on your way to a victory in getting this money.

DANDY DON IN OKLAHOMA ([email protected])