Life Insurance Beneficary

[ajc14]

What is the name of your state? Washington State

I was named the Beneficary of my ex-husband's Life Insurance, I have heard that anyone can be a beneficary whether or not there married,single,or John Doe off the street,,,and I was wondering if this is true?

 

[Some Random Guy]

Generally, insurance companies will require the signature of the current spouse if the insured is married and the beneficiary is not the spouse.

and from Aetna's site:
"Be careful if you are in a community property state - Arizona, California, Idaho, Nevada, New Mexico, Texas or Washington - where your spouse is legally entitled to half of everything."
http://www.aetna.com/groupinsurance/members_benes.htm

So the key thing is - did he remarry? If so, its gets more complicated.

 

[ajc14]

No neither of us remarried. We were married for 18 yrs. Because it was stated on his death certificate that we were divorced the insurance company doesn't want to give it to me. I have the original letter that they had sent to me stating that all the proceeds would come to me as I am the beneficiary. Now there saying that there is a contigent beneficiary, Can they do that.

 

[badapple40]

It depends on the terms of the policy. Insurance policies are contracts, and typically adhesion contracts construed liberally against the insurer.

Write them and tell them you want a copy of the policy. You can sue them if they breached the policy as an intended third party beneficiary.

There may be a "divorce" clause, however, or state law, that deems you not to be the beneficiary. I can't really give you greater analysis, since insurance clauses typically may have a choice of law provision, or other factors that impact what state the contract is governed by.

 

[ajc14]

No, He did not re-marry ,nor did I. He never had anything changed. Our divorce was in A community property state so can't I do something there. Evidently he didnt want to change anything so I should be able to do something. Can't anyone be a beneficary it doesn't necessary mean that one has to be married or divorced or just some john doe off the street.

 

[ajc14]

No, He did not re-marry ,nor did I. He never had anything changed. Our divorce was in A community property state so can't I do something there. Evidently he didnt want to change anything so I should be able to do something. Can't anyone be a beneficary it doesn't necessary mean that one has to be married or divorced or just some john doe off the street. His signature is on the form that states me as his beneficary.dated back to 1983 and we were married for 18 years

 

[ajc14]

No, He did not re-marry ,nor did I. He never had anything changed. Our divorce was in A community property state so can't I do something there. Evidently he didnt want to change anything so I should be able to do something. Can't anyone be a beneficary it doesn't necessary mean that one has to be married or divorced or just some john doe off the street. His signature is on the form that states me as his beneficary.dated back to 1983 and we were married for 18 years[/QUOTE]