Life insurance beneficiary is incarcerated, how can wife get money

If your husband is the beneficiary of the policy, you and your children don't have any direct right to that money. However, there are some solutions to this situation. I will assume your children are all minors and he is the father of all of them. Thus, he has a financial obligation to provide for them. You will need to get a court order to enforce against him. 1. You can file for divorce and in the divorce proceedings, you can get an order saying he has a child support obligation and then you can seek any assets he has to pay that obligation if he doesn't make timely payments according to the order. 2. You can file a paternity action proving that he's the father and obtain a similar child support order. 3. I don't handle criminal cases, but there may be a way to have a child support obligation tacked on to the criminal case so that the State can enforce the obligation to take care of the children while he is incarcerated. You really need to seek the advice of either a family law attorney to discuss these or other options.

I agree with the other attorney comments that you and the children can not directly obtain the life insurance funds. However, there are remedies to obtain money through the family courts. Therefore, you should definitely consult a family law attorney for assistance. Disclaimer: I am a lawyer licensed in the State of Texas only and I am not your lawyer. This communication is not intended as legal advice and creates no attorney client relationship. Please consult your own attorney for legal advice. This is for entertainment purposes only.