by Guest » Sun Aug 14, 2011 06:58 am
It was court ordered that my child's father keep a life insurance policy with my daughter as sole beneficiary,he recently died' and we were informed that she was taken off the policy and everything goes to his new wife and son-can we fight this
Posted: Wed Aug 17, 2011 08:57 pm Post Subject:
Yes, you can fight it, but your fight is not with the insurance company. Unless you filed a copy of the court order with the insurance company prior to any change of beneficiary, your fight is with the beneficiary.
If you had engaged an attorney who knew something about life insurance, your divorce order would have required your daughter to be named the IRREVOCABLE beneficiary, or would have required a change of ownership from your ex- to you or your daughter in order to prevent what actually happened.
Posted: Sun Aug 21, 2011 01:34 am Post Subject:
Before we dive into that, how long was life insurance coverage required by the divorce decree? And...are we still within that period?
As far as the fight goes, it really depends on what the decree says. What does he owe your daughter as per the decree? It's back to court to fight this, and I wouldn't expect anything to happen quickly.
Also, you're much better off seeking the advice of an attorney rather than an insurance agent. We can explain the details of insurance, but legal issues are not our expertise, nor are we actually suppose to give advice on such matters.
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