Legal Question in Wills and Trusts in Florida

Divorce agreement with exwife not followed by late husband

My husband died recently. He had $160,000 worth of life insurance naming me as the beneficiary and mounds of debts. His exwife is trying to claim the insurance based on the fact that his divorce papers said that he was to maintain a $200,000 policy for his son. He never took out this policy and I am not even sure he was aware he was required to. Can she keep me from collecting the insurance money that was left to me? I am going crazy with worry. I have a 15 month old son and bills that are past due.


Asked on 11/27/00, 9:26 pm

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Divorce agreement with exwife not followed by late husband

The Life Insurance that has named you as a beneficiary is yours. If your husband was suppose to purchase another policy and did not well that is not your responsibility or concern. Be sure you contact an attorney to discuss the Probate of the estate. You may not have to do anything if he left assets in joint name with you. If there are not any assets in your husband's name alone and you did not agree to pay his debts then you are not personally responsible to pay those debts and you are not required to pay those debts with the life insurance proceeds. If you have any further questions please feel free to contact me. (954)966-4140 Melody Stickel-Martinez, Esa.

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Answered on 11/30/00, 11:41 am


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