Legal Question in Insurance Law in California

Life Insurance

i was the receipiant of a life insurance policy from my ex mother inlaw. My ex husband is attempting to take the money from me. His attorney claims they have a written letter from my mother in law stating she wanted me to get 0 if she died (life insurance policy is not mentioned) i am the beneficiary on the life insurance policy. the insurance company has already issued me a check. Can i be sued for the money by him?


Asked on 5/13/03, 2:18 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Life Insurance

from the facts given so far, it appears your ex is trying to fight your rights as the beneficiary of the proceeds with a handwritten "holographic will" defense. you appear to have the stronger argument in defeating this effort on their part, however, it would be VERY wise for you to retain an attorney yourself in this matter before you agree to or sign anything that might limit your rights to keeping the proceeds in full. you definitely have a STRONG case here since your mother inlaw never changed the benefiary on her actual life insurance policy. so, if you would further legal assistance and/or representation in this matter, to help ensure that you do NOT have to relinquish your proceeds check, please email me asap with more specific details on the letter they are claiming to have in their possession and what they have been "threatening" you with to date. my law firm would consider it an honor to aggressively fight for your rights in this situation and help you prevail.

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Answered on 5/13/03, 3:01 pm
Jason Hsu Una Law Corporation

Re: Life Insurance

You can always be sued, and there is no way to prevent that. Whether or not you have a good defense or counter-claim is a separate issue.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

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Answered on 5/13/03, 3:44 pm


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