by cherrie032000 » Fri Jul 09, 2010 08:00 pm
I live in North Carolina. My ex husband and I have been divorced for over 14 years. While we were married he took out a life insurance policy and named me as the beneficiary. Before he passed away he never changed the beneficiary. Aetna contacted me to let me know that I was my ex husband's beneficiary to his life insurance, and that they would let me know in 10 to 15 days. I waited and finally called them and they informed me that it was being contested by my ex husband's wife. I am just wondering what the laws are in NC and if I will recieve the money or if she has a fighting chance of recieving it instead?
Posted: Fri Jul 09, 2010 09:52 pm Post Subject:
Sounds like today's your lucky day...and the new wife's unlucky day.
Posted: Sat Jul 10, 2010 04:09 am Post Subject:
Yup, she can contest all she wants, there's little she can do. You're the named beneficiary to a contract that states money gets paid to you if ex husband dies. Contracts are contracts, not your fault ex didn't update his beneficiary.
Posted: Mon Sep 20, 2010 12:15 pm Post Subject:
All that's there in the papers would be counted for as his last decision over this one. So, you don't really have anything to worry about. Let the new wife waste as much as she can..
Posted: Tue Sep 21, 2010 04:01 am Post Subject:
Let the new wife waste as much as she can.
That's pretty good advice. You won't even need an attorney to protect your interests. Just have to show the judge the following section of the North Carolina Statutes:
§ 58‑58‑95. Rights of beneficiaries.
When a policy of insurance is effected by any person on his own life, or on another life in favor of some person other than himself having an insurable interest therein, the lawful beneficiary thereof, other than himself or his legal representatives, is entitled to its proceeds against the creditors and representatives of the person effecting the insurance. The person to whom a policy of life insurance is made payable may maintain an action thereon in his own name. A person may insure his or her own life for the sole use and benefit of his or her spouse, or children, or both, and upon his or her death the proceeds from the insurance shall be paid to or for the benefit of the spouse, or children, or both, or to a guardian, free from all claims of the representatives or creditors of the insured or his or her estate. Any insurance policy which insures the life of a person for the sole use and benefit of that person's spouse, or children, or both, shall not be subject to the claims of creditors of the insured during his or her lifetime, whether or not the policy reserves to the insured during his or her lifetime any or all rights provided for by the policy and whether or not the policy proceeds are payable to the estate of the insured in the event the beneficiary or beneficiaries predecease the insured.
Posted: Wed Sep 22, 2010 10:59 am Post Subject:
You are most eligible to get your ex husband's insurance benefit, as stated in the contract.
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