When my husband passed away, he left me a $25,000 life insurance policy. We have a son from our marriage, and he has 2 teenage kids from a previous marriage. His ex is threatening to sue me for a portion of his life insurance, presumably for her children. I was the beneficiary as my husband was the sole bread winner for our family and he wanted to make sure we could get back on our feet if something should happen to him. The ex is claiming that half should be hers in lieu of support she is not receiving now that he's gone. I did not receive a fortune, but did establish a savings account with $1000 for each of the children as a start to a college fund. I was under the impression that I was not obligated to this for my stepkids, much less hand over half the policy value.
Since the Insurance Company paid the policy proceeds to you, it is clear that on the Company's records you were the primary beneficiary. Generally, then, the ex-wife should have no claim.
However, if the divorce decree mandated that she (or the kids from that marriage) be maintained as the primary beneficiary, then she may have a claim. First thing to do is get a copy of the divorce decree and see if it contains any language regarding life insurance benefits,
The short answer is - your husband's ex-wife has no rights to the insurance policy. I am basing this statement on the assumption that you were named the sole beneficiary of the policy. Your right to receive the proceeds are based on the contract that your husband made with the insurance company, and his ex-wife's claims have no effect on that contract.
The issue of post-mortem support is resolved by the terms of the agreement or judgment that was issued by the court where they divorced. However, the ex-wife will have no claim against you or any assets that you hold in your name alone.
As for his children. They will have a claim for a share of your husband's probate estate.
Because your situation is a bit complex, I strongly recommend that you consult with an attorney in your area who practices in the areas of probate litigation and family law. That attorney will be able to tell you the best way to proceed.
This answer is not intended to provide specific legal advice. No attorney client relationship between you and Shoffner & Associates or any of its attorneys is established, intended ,or implied. This answer should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation.
I am not licensed in your state. Life insurance proceeds are governed by title. If you were listed on the beneficiary designation form, then you were properly paid. That being said, if ex-wife has a contractual arrangement to be listed as the beneficiary and was not, she may file a creditor's claim against your husband's estate, whether is it being settled under his Will or a Trust. She may have recourse against assets of the estate like checking accounts, etc. Please see a probate attorney as soon as possible and be sure to bring a copy of the divorce decree.
