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.
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: National
Answer:
Typically, when you are named as the beneficiary of an insurance policy, the proceeds are distributed to the named beneficiary without the need to become part of the probate process. I would need to know more details about why the assets were frozen to give a more
definite answer, but it may be that he had agreed to make her or her children the beneficary(ies) as part of a property settlement filed with the divorce action. I suggest reviewing the documents that were filed in court for applicable terms in a division of property agreement or order.
I'm assuming that the lawyer filed for injunctive relief. When a party can show a need to prevent property from being transferred due to the harm that may result, injunctive relief to preserve the status quo may be ordered.
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.
