by snowflake » Wed Oct 07, 2009 09:42 pm
Does a divorce degree override the will and the beneficiary on a life insurance policy? Reason I ask, is my husband was ordered under his divorce degree to leave a $150,000 life insurance in a trust for the kids. However, his ex-wife badger him for years to change it to the trust when she was listed as the beneficiary. Then within a few months of him passing she keep badger him for the money to build a house which she says was for the kids. However, the house was to be put in her name and she stated that she would eventually pay the kids back.
My husband got upset and told me that he was not leaving anything to her so he changed the beneficiary to me in order to pay off his debit and then put the rest into a trust as outline by his will. It seems my attorney believes that the divorce degree overrides everything else my husband wanted as outline in his will. Can that be true? I want to follow my husband's wishes and I am so upset all this whole mess. Any response would be appriciated. Thank you,
PS...as it stands she also didn't follow the divorce degree and she left the money split up between the minor children and not the trust as outline by the divorce degree.
My husband got upset and told me that he was not leaving anything to her so he changed the beneficiary to me in order to pay off his debit and then put the rest into a trust as outline by his will. It seems my attorney believes that the divorce degree overrides everything else my husband wanted as outline in his will. Can that be true? I want to follow my husband's wishes and I am so upset all this whole mess. Any response would be appriciated. Thank you,
PS...as it stands she also didn't follow the divorce degree and she left the money split up between the minor children and not the trust as outline by the divorce degree.
Posted: Thu Oct 08, 2009 06:41 am Post Subject:
Did you ask your attorney why he's thinking in those directions? It seems as if his ex-wife is seeking some kind of loan against the policy. But unless you can share with us other vital points mentioned in the divorce decree it would be difficult to comment on it.
Posted: Thu Oct 08, 2009 08:53 am Post Subject: me again
Yes and my attorney just keep telling me the divorce degree overrides everything else. As far as the other specific, My husband was on social security disability 4 months prior to his death and the ex is now receiver 5 times the amount of child support ordered in the degee because of the ssd benefits.
The divorce decree only states that the life insurance should be in place as long as child support is payable. Yet my husband was trying to get custody of his kids, we already had one of his children living with us. That's beside the point. Yet his ex also made the custody case about money. I just wish someone could live my last 5 years of dealing with individual and the torture she put my husband and now me though.
Posted: Wed Nov 11, 2009 07:13 am Post Subject:
I can't give you any advice regarding this one, but my heart goes out to you. I can really sense your frustration and that feeling of regret when you lost your loved one, a loved one who passed away without being able to settle certain issues and without really being able to have that peace of mind due to a situation like this. i just hope your husband still passed away happy and not without being worried about what his ex would do.
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