Legal Question in Insurance Law in California

My son's father died recently. His father and I divorced many years ago and he remarried. His widow, who does not have a good relationship with my son, says there was no will. I'm sure my son's father had life insurance purchased about the time by son was born, 10 yrs before he remarried (while he was still married to me). I'm assuming that any life insurance will be paid to the most recent beneficiaries listed on the policy by my son's father. If his father hasn't changed beneficiaries since he took out the policy and he listed my son as the sole beneficiary, his widow won't be happy. Who is responsible for notifying the insurance company of his death? What if his widow doesn't report her late husband's death to the insurance company and neither the son or his ex-wife (me) know who the insurance carrier might be? If the deceased listed his son and his then current wife as beneficiaries on the policy and never changed the beneficiaries would the widow be substituted for the ex-wife or would the ex-wife still be the beneficiary or would the son become the sole beneficiary?

Asked on 7/10/10, 6:58 am

Joshua Hale Hale Law Group

0 users found helpful

0 attorneys agreed

The new wife would not likely be substituted. The son would remain on the policy. The ex-wife as a matter of law would likely be removed.

The son could file to start the probate action. If there was no will, he would be entitled to part of the father's estate.

If you have further questions, please contact me directly. My office regularly handles these matters throughout the state.

Answered on 7/13/10, 10:51 am

Keywords

Match Any Match All

Country

State

Area of Law