Legal Question in Wills and Trusts in Florida

My ex-wife passed away April 30, 2010. We have two kids. There grandmother is trying to collect the life insuarnce policy. I want to collect it for my kids seeing that the policy is in there name. What can I do?


Asked on 8/26/10, 6:33 pm

2 Answers from Attorneys

Sorry for your loss. There is a lot that you may have to do, and I cannot begin to go through all of it here. However, as to specifically your point, you have to see who the beneficiary of the policy is.

If it is not you, there is a possibility that you can force the policy to be partially paid to you, but that is not a slam dunk. It depends upon what your wife left you so that you get at least a portion of her estate.

Florida passed a law a few years ago that prohibits a spouse to completely disinherit their spouse. It includes non-probatable assets such as proceeds from a life insurance policy. However it does not prevent a partial disinheritance.

If I can be of more help, please let me know. 954-752-1732.

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Answered on 8/31/10, 6:44 pm
Lesly Longa Longa Law P.A.

Who is entitled to the insurance police will depend upon who your wife named as the beneficiary.

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Answered on 9/03/10, 7:41 am


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