Can my deceased companion's wife claim his life insurance benefits?

Full question:

I lived with my companion for 5 years. When he died he had left his life insurance to me. He was not divorced from his wife and now the wife has the insurance frozen and her attorney says that she will be the one to receive the insurance because of something having to do with her assets. I do not understand this fully and need advice.

Answer:

When you are named as the beneficiary of a life insurance policy, the proceeds typically go directly to you without going through probate. However, the situation may be complicated if your companion had legal agreements regarding his assets, such as a divorce settlement that named his wife or children as beneficiaries. It’s important to review any court documents related to his divorce or property agreements for relevant terms.

It sounds like the wife’s attorney may have filed for injunctive relief, which is a legal measure to prevent the transfer of property if there is a risk of harm. This could be why the insurance is currently frozen. To understand your rights and options, consider consulting a legal professional who can provide guidance based on the specific circumstances of your case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A divorce decree can affect life insurance beneficiaries, but it depends on the specific terms of the decree. If the decree states that the ex-spouse is no longer a beneficiary, that designation may be revoked. However, if the policy was not updated after the divorce, the original beneficiary designation may still stand. It's important to review the divorce documents and the life insurance policy for clarity.