Named Life Insurance Beneficiary

[zuniport]

undefinedWhat is the name of your state? Florida, Probate is happening in Santa Clara Calif.

I am the named beneficiary of a Life Ins. policy made by the deceased thru deceased's workplace. I am the exwife. At the request of the Ins. Company, I have submitted a beneficiary statement. I have learned thru the insurance company that the family is disputing the claim. What shall I ask the insurance company to provide me in order to know if I should be retaining counsel? If I am the named beneficiary, will it escalate to that?

 

[I AM ALWAYS LIABLE]

undefinedWhat is the name of your state? Florida, Probate is happening in Santa Clara Calif.

I am the named beneficiary of a Life Ins. policy made by the deceased thru deceased's workplace. I am the exwife. At the request of the Ins. Company, I have submitted a beneficiary statement. I have learned thru the insurance company that the family is disputing the claim. What shall I ask the insurance company to provide me in order to know if I should be retaining counsel? If I am the named beneficiary, will it escalate to that?

My response:

The family is barking up the wrong tree. The law in California used to be that a divorced spouse could not take of the decedent's workplace life insurance. However that law has changed in your favor. Read the United States Supreme Court case of Egelhoff v. Egelhoff (2001) 532 U.S. 141, 146-150, 121 S.Ct. 1322, 1327-1329]

On this subject, note that while a judgment of dissolution automatically cancels a spouse's rights under the other spouse's will, trust, etc., it does not automatically cancel each spouse's rights as a designated beneficiary of the other spouse's life insurance policy. If the spouses desire otherwise, the controlling instrument (will, trust, etc.) must be changed to reflect the parties' actual wishes. [See Ca Fam § 2024 and Ca Probate § 5600 et seq.]



IAAL

 

[zuniport]

Zuniport

Thank you for your help, IAAL. Do I need to be seeking an attorney now, or wait to hear from the Insurance Company?

 

[Dandy Don]

Call them yourself and ask them how is it going to be resolved--through internal corporate policy decision or will a court case be necessary? They should be able to give you an estimate of when they will be making a decision.