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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> beneficiary
Oct 13
2009

Ask A Lawyer: Do I Have To Agree Before Being Removed As Beneficiary?

Posted by pmcmahon in Rules , Richard Coffee , Procedures , insurance , Cordell Cordell, PC , beneficiary , Ask A Lawyer

Question:

My wife and I were separated for about 10 months. A few months ago, separation papers were filed after undergoing mediation and not reaching a resolution. She was diagnosed with a brain tumor and died about 3 weeks ago. She made her mom Power Of Attorney about one year ago. I was the beneficiary on her life insurance policy until two days before her death, at which time her mom took me off as beneficiary and placed my children as beneficiary. She also sold her car about two months ago, after separation was filed. My understanding was that all legal issues and assets are supposed to be frozen until determined by the court. Her mom never allowed us to progress with legal matters, so we were in "limbo" for about the last year. I have heard that in some states the husband has to agree to be removed as beneficiary. What are my legal rights?

 

 

Nov 29
1999

Ask a Lawyer: Life insurance

Posted by Dads Divorce in Rules , Procedures , policy , PA , marital , life , insurance , illness , beneficiary , asset , Ask A Lawyer

Question:

Four years ago my wife and I purchased a life insurance policy. Now that she has cancer I discovered that she changed the beneficiary as the insurance company put her as the owner of the policy. Is this policy considered as marital property? Can she take this determination by herself? Can I initiate any legal action to stop her from doing this since our three children can be affected? I almost sure that she is initiating the divorce.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Pennsylvania. I suggest you contact your insurance broker to clarify if she can alter the beneficiary. It should be a marital asset. I suggest you also contact an attorney regarding other asset planning relative to her illness and possible divorce.