Legal Question in Wills and Trusts in Indiana

I am working on a will. If I die and leave my spouse as the beneficiary can his exwife ask for more child support for their daughter? Do I need to name our son as the beneficiary knowing my husband would have access to the money as his parent? How can I keep her from getting more than the amount of child support that is currently court ordered. My spouse and I have a son and I would want my life insurance money to support my son.


Asked on 7/28/10, 9:07 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

If I die and leave my spouse as the beneficiary can his exwife ask for more child support for their daughter?

She can always ask, but unless the amount is so high that he will invest it to significantly change his income (probably a face value of a million or more), there will likely be no effect on support.

Do I need to name our son as the beneficiary knowing my husband would have access to the money as his parent?

If you do, then your husband can spend none of it on his own needs.

How can I keep her from getting more than the amount of child support that is currently court ordered?

This is not a big worry in this situation, so I wouild not spend any more time focusing on this, and would focus more on the best arrangement in your will to care for your family, and that includes talking to an attorney about these questions instead of going on line to write a will yourself. All of these questions and more can be answered by a competent estate attorney.

Good luck.

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Answered on 8/03/10, 7:11 am


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