Legal Question in Insurance Law in California
Death Benefits
My husbands father just died and had several insurance policies, one of which my husband is named as the beneficiary. The mother is saying this is not his money it is her's because his dad did not understand what he was putting down on this policy and that she is the primary beneficiary even though she is not named as such. My husband just sent a statement to the insurance company which staates: I--, wouold like to disclaim my death benefits from--, and give up my rights to --(surviving spouse) and my mother. I am furious since this affects both of us. Can this be challenged in court and if we were to divorce am I entitled to half of these benefits?
1 Answer from Attorneys
Re: Death Benefits
You would not be entitled to half of the insurance benefits even if paid to your husband. They are considered separate property of the beneficiary.
You do not have a right to challenge this in court. Likewise, your husband could not challenge his own decision, unless your husband is legally incompetent or was under duress. A court battle would certainly estrange him from his own mother - a pretty high price to pay for an insurance settlement.
Why are you so angry that your husband is willing to turn over the benefits to his mother??? Death benefits are a gift from your father-in-law to his son. Even if he turns them over under a little duress, it is likely that he will inherit from his mother in the future - all mor most of her estate (assuming there is an estate).
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