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Do I have rights to my husband's death benefit as his spouse?

Do I have rights to my husband's death benefit as his spouse?

Full question:

31 years ago my husband named his mother as the beneficiary of a death benefit as all 20 year olds that aren't married do. We married 12 years ago. He has now passed without changing the beneficiary or having a will. Do I have a legal leg to stand on.

Category: Wills and Estates
Date: 04/07/2025
State: West Virginia

Answer:

If you married after your husband named his mother as the beneficiary, you may still have rights to his estate. In West Virginia, if a spouse marries after a will is made, they are entitled to a share of the estate as if there were no will, provided there are no children involved. If there are no children, you would inherit everything.

Regarding the life insurance policy, West Virginia does not have a specific statute addressing this situation. However, the law states that if a will was executed before marriage, the surviving spouse may still receive a share of the estate unless the will explicitly states otherwise or if the deceased made provisions for the spouse outside the will (W. Va. Code § 42-3-7).

To understand your rights fully, consider consulting a legal professional who can provide guidance based on your specific circumstances.

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

Does marriage override a beneficiary?

In most cases, marriage does not automatically override a named beneficiary on a life insurance policy or other financial accounts. If a spouse is not named as a beneficiary, the existing beneficiary designation typically remains in effect. However, some states may allow a surviving spouse to claim a portion of the estate if the deceased did not update their beneficiary designations after marriage. Always consult with a legal professional for specific guidance based on your situation.

Is a spouse automatically the primary beneficiary?

A spouse is not automatically the primary beneficiary unless they are specifically named in the policy or account. If a beneficiary designation exists that names someone else, that designation usually takes precedence. However, some states have laws that may affect a spouse's rights to benefits if they were not named. It's advisable to review the specific terms of the policy and consult with a legal expert.

Can my husband take me out of his will?

Yes, a husband can change or revoke his will at any time, including removing a spouse as a beneficiary. However, in many states, a surviving spouse may still have rights to a portion of the estate, even if excluded from the will. This is often referred to as the elective share. It's important to consult with a legal professional to understand your rights in such situations.

Who gets benefits if the beneficiary is deceased?

If a named beneficiary on a life insurance policy is deceased, the benefits typically go to the contingent beneficiary, if one exists. If there is no contingent beneficiary, the benefits may be paid to the estate of the deceased. In such cases, the distribution will follow the terms of the will or state intestacy laws. Consulting with a legal expert can clarify how these rules apply in your situation.