Legal Question in Insurance Law in Louisiana

My son was murdered last year and his wife has been charged with first degree murder. Her lawyer is attempting to get some rather large life insurance policies of which she is beneficiary to pay her.

Contingent beneficiaries on some are made out to his estate. His only heirs are his children from two previous marriages and I am the contingent beneficiary on two policies. If the insurance companies pay off to his wife before she is tried and then convicted, what can my grand children and I do to protect our rights?


Asked on 2/24/10, 4:09 pm

2 Answers from Attorneys

Peirce Hammond Hammond Law Firm LLC

1. You only have a year from the date of the murder to file a suit against her for wrongful death so if it has not been over a year, an attorney should be consulted so that a wrongful death suit for damages can be filed within the year statute.

2. You need copies of the life insurance policies to see whether it says anything about intentional acts by a beneficieary voiding coverage or eligibility.

3. You need to make your own claim for the insurance proceeds as a contingent beneficiary. Before making that claim you need to discuss this with an attorney who can review the policy and facts and determine your legal rights.

4. If the insurance policy pays the proceeds to her, you lose a lot of leverage and control and you're only recourse would be to sue the insurance company for paying the wrong person and to sue her personally for damages she caused.

You should speak with an attorney as soon as you can. Full factual information is needed and there is a time issue in your case. I would be happy to discuss this with you. I can be reached at 504-299-3458.

Peirce A. Hammond

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Answered on 3/01/10, 4:30 pm
Adam Lambert The Law Office of Adam S. Lambert

You need to contact the insurance company first. Make certain they do not pay her. Have them institute a concursus proceeding. They do that often in cases like this one. They will institute a lawsuit, make you (on behalf of the children) and the spouse accused of the crime parties to the suit. The insurance company will deposit the proceeds into the registry of the court and the court can then decide who gets the money.

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Answered on 3/01/10, 5:43 pm


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