What to do if my husband of almost 3 years just passed away and I just found out that he did not change the beneficiary on his life insurance policy?

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What to do if my husband of almost 3 years just passed away and I just found out that he did not change the beneficiary on his life insurance policy?

The person listed used to be a friend but no longer is.Is there any way I can get the insurance money?

Asked on June 1, 2013 under Insurance Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the issues that have come up.  WHat you need to do at this point is forestall the distribution to see if you are entitled to the proceeds by reason of your marriage and the value of the estate and your right to inherit. So you have to either get a lawyer or write a letter yourself to the insurance company and advise them that you are contesting the beneficiary designation and that you wish them to "interplead" the funds in to court rather than distribute the funds.  Then you have to sit down with an attorney about the matter and discuss what you are entitled to inherit under the law of your state and if you an contest the distribution.  Understand, though, that you have a tough road ahead of you because beneficiary designations are given full credit unless you an show a reason it should not be.  In other words, you have the burden here in a lawsuit.  Good luck.


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