sister in law

[lytongpao]

What is the name of your state (only U.S. law)? Wisconsin

Hi My name is Rena, i am new, i just had some questions concerning my sister in law and what is going on in her life right now. Her husband just passed away 2 months ago but he was married before and had a life insurance policy with the ex wife and he had forgotten to change it over to my sister in law. Since his death certain events have been unfolding. My question is with this life insurance policy, my sister in law found out that the sons from the previous marriage who is over 18 will be getting this money. The divorce decree states that any child over 18 would not get any money. I'm wondering is there anything my sister in law can do to get that money? she has 3 young children as well.

thanks
rena

 

[cyjeff]

Unfortunately, the insurance company is not going to guess what the deceased husband really had in mind.

They are going to assume that the beneficiary information is accurate.

 

[Betty]

Agree with cyjeff. The ins. co. will pay the policy proceeds to the bene/benes named in the policy.

 

[Dandy Don]

How much is the policy paying out? If the insurance company has not paid out yet, your sister-in-law should be having a consultation with an attorney who specializes in "bad faith insurance" or "insurance company disputes" cases to see if there is anything in Wisconsin law that might benefit her. Many states have laws that give preferential treatment to surviving spouses and disqualify ex-spouses and require that the insured submit a waiver that "reaffirms" the intention to have the ex-spouse designated again as a beneficiary, and if that is not done, some states give the money to the surviving spouse. If Wisconsin law allows that, then her attorney can file an interpleader action to let the courts decide who gets the money, and the statement in the divorce decree will be quite interesting to present in court.