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Possible judgments against life insurance?

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sickofsuehappy

Junior Member
What is the name of your state? California

I am taking care of a terminally ill cancer patient. He has decided to name me as benificiary on his 100,000 dollar life insurance policy.
It's possible that I may be found at fault for a car accident in which all 6 individuals in the other vehicle are claiming injuries. My live in boyfriend at the time was paying my car insurance, or so he said, my insurance company now is saying I was not covered at the time of the accident.
If in fact I am found to be financially responsible, can the life insurance inheritance be attached due to judgements, and if so is there a way to protect this assett?
 


Zigner

Senior Member, Non-Attorney
sickofsuehappy said:
What is the name of your state? California

I am taking care of a terminally ill cancer patient. He has decided to name me as benificiary on his 100,000 dollar life insurance policy.
It's possible that I may be found at fault for a car accident in which all 6 individuals in the other vehicle are claiming injuries. My live in boyfriend at the time was paying my car insurance, or so he said, my insurance company now is saying I was not covered at the time of the accident.
If in fact I am found to be financially responsible, can the life insurance inheritance be attached due to judgements, and if so is there a way to protect this assett?
I'm sure you will received more detailed answers than mine, but I wanted to point out that the policy is not an "assett" for you yet...
 

Betty

Senior Member
To put Zigner's words another way: "Don't count your chickens before they're hatched" so to speak. The gentleman is still living. If you were the named bene on the life ins. pol. at the time of the insured's death, the proceeds would be payable to you to do with as you wish. They would not be part of the estate & would be exempt from creditors .. . . However, the current bene (who probably is a family member -though I don't know) and/or other family members may contest the payment of the change of bene & the payment of the proceeds to you. They may use the "defense" that he was terminally ill & was not competent at the time he changed the bene for one example . . . . Just some things for you to think about.
 
sickofsuehappy said:
What is the name of your state? California
I am taking care of a terminally ill cancer patient. He has decided to name me as benificiary on his 100,000 dollar life insurance policy.
Saying he decided to name you as beneficiary and actually 'changing' the beneficiary(ies), are two very different things. Has he in fact changed the beneficiary on his policy to you? Was the beneficiary change form properly executed, given the situation? If so, what did the previous beneficiary(ies), have to say about that? It may be the life insurance was in place to pay the taxes and other fees to settle his estate. Who is currently paying the premiums of the life insurance? Who is the 'owner' of the policy? In other words, as Zigner and Betty have properly advised you, this is something that if indeed was executed, will most likely be contested.

sickofsuehappy said:
It's possible that I may be found at fault for a car accident in which all 6 individuals in the other vehicle are claiming injuries. My live in boyfriend at the time was paying my car insurance, or so he said, my insurance company now is saying I was not covered at the time of the accident. If in fact I am found to be financially responsible. . .
Whether you are found financially responsible for the accident, or not, the fact remains you were driving without insurance. When you had the accident you provided the law enforcement officer with your financial responsibility papers. Using excuses that 'your boyfriend' didn't pay the bill is not going to cut it in court. This is the California code for providing false evidence of financial responsibility:

Division 7, Section 16030. (a) Except as provided in subdivision (c), any person who knowingly provides false evidence of financial responsibility (1) when requested by a peace officer pursuant to Section 16028 or (2) to the clerk of the court as permitted by subdivision (e) of Section 16028, including an expired or canceled insurance policy, bond, certificate of self-insurance, or assignment of deposit letter, is guilty of a misdemeanor punishable by a fine not exceeding seven hundred fifty dollars ($750) or imprisonment in the county jail not exceeding 30 days, or by both that fine and imprisonment. Upon receipt of the court's abstract of conviction, the department shall suspend the driving privilege, effective upon the date of conviction, for a period of one year. The court shall impose an interim suspension of the person's driving privileges pursuant to Section 13550, and shall notify the driver of the suspension pursuant to Section 13106, and all driver's licenses in the possession of the driver shall be surrendered to the court pursuant to Section 13550. Any driver's license surrendered to the court pursuant to this section shall be transmitted by the court, together with the required report of the conviction, to the department within 10 days of the conviction. The suspension may not be terminated until one year has elapsed from the date of the suspension and until the person files proof of financial responsibility, as provided in Chapter 3 (commencing with Section 16430) except that the suspension shall be reinstated if the person fails to maintain proof of financial responsibility for three years.

sickofsuehappy said:
[..] can the life insurance inheritance be attached due to judgements, and if so is there a way to protect this assett?
First, at this point in time you have no asset to protect. If indeed you are the named beneficiary of the policy, and if the estate contests the action, you may never be in a position, "[..] to protect this asset." And, if you did receive the life insurance proceeds, why wouldn't you use the proceeds to pay for the damage you caused to six (6) people?

RECAP
So, according to your post you were driving around without auto insurance. You had a car accident wherein six (6) people were damaged (bodily or property) to the extent your pretty sure they're all filing claims against you. And, instead of owning up to your responsibility to pay their medical bills and other damages as a result of the accident you are trying to figure out a way to protect money that you don't have.

KTL :eek: :( :mad:
 

sickofsuehappy

Junior Member
I'm sure that's how it looks, I didn't go into detail and suppose I should have. At the scene of the accident all parties were fine. They told the police officers they were not injured and refused any medical treatment. Now after some time has passed all six are claiming injuries. If in fact the accident is my fault and they really do have injuries of course I would pay!

The man I'm taking care of has one living son whom he has never had a relationship with. Many years ago they tried but his son has condemned him for life. This man has 6 months to live he his dieing from advanced stages of lung and protate cancer.
 

Betty

Senior Member
sickofsuehappy said:
I'm sure that's how it looks, I didn't go into detail and suppose I should have. At the scene of the accident all parties were fine. They told the police officers they were not injured and refused any medical treatment. Now after some time has passed all six are claiming injuries. If in fact the accident is my fault and they really do have injuries of course I would pay!

The man I'm taking care of has one living son whom he has never had a relationship with. Many years ago they tried but his son has condemned him for life. This man has 6 months to live he his dieing from advanced stages of lung and protate cancer.
It sure seems strange that all 6 are now claiming injuries. Anyway, re the life ins., I don't know who the current bene is (ie son, estate). If the bene is changed to you, you may still not get the proceeds - there could still be a contesting of the will by the son or estate for example. (& currently the gentleman is still living)
9-5-06 - edited to say: I meant to say proceeds of life ins. pol. payable to OP may still be contested - not will. Betty (sorry)
 
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justalayman

Senior Member
Contesting the will would have nothing to do with the life insurance. They would be seperate matters unless the insurance was payable to the estate. Other than that it would pass outside of probate.

Now contesting the legalities involved with the change of bene is still a possibility in any case.

To answer your basic question though;

If there is a judgement against you and you do recieve the life insurance pay out, then yes, it can be claimed to satisfy the judgement.
 

Betty

Senior Member
justalayman said:
Contesting the will would have nothing to do with the life insurance. They would be seperate matters unless the insurance was payable to the estate. Other than that it would pass outside of probate.

Now contesting the legalities involved with the change of bene is still a possibility in any case.

To answer your basic question though;

If there is a judgement against you and you do recieve the life insurance pay out, then yes, it can be claimed to satisfy the judgement.
I'm sorry - I meant to say like I said in my original post of 8-23 - the proceeds of the ins. pol. being paid to OP may still be contested. Betty
 
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justalayman

Senior Member
Betty said:
I'm sorry - I meant to say like I said in my original post of 8-23 - the proceeds of the ins. pol. being paid to OP may still be contested. Betty
I thought that was a bit out of character for you.
 

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