Legal Question in Insurance Law in Louisiana
Life Insurance Policy
Greetings,
I am trying to determine who is the legal beneficiary of my fathers life insurance policy. He was married twice. His first wife (my mother) passed away before he did. He recently passed away having remarried. He intentionally left his policy as it was before he remarried with my deceased mother, my brother and myself as the beneficiaries. My step mom is contesting his life insurance policy. He had no will. My question is who is the legal beneficiary of his life insurance policy. Thanks in advance.
1 Answer from Attorneys
Re: Life Insurance Policy
The beneficiary is the beneficiary. It matters not what he intentionally or accidentally did, the policy is what controls. In other words, the people listed on the policy as beneficiaries are the beneficiaries. This is not an inheritance thing or a community property thing. This is a contract matter. The contract says your mom, you and your brother. She is deceased, so it falls to you and your brother. If the policy gave 1/3 to your mom and 1/3 to you and 1/3 to your brother, there is an outside chance your mother's 1/3rd would not go to anyone and would go into your father's succession. Then, whoever inherits from him gets it. Seems to me that is you and your brother again, unless there was a will leaving everything to wife-2. But since your 1/3s are not part of the succession, you get it. Write or have an Attorney write a demand letter to the insurance company and demand the whole amount. You need to contact an attorney who can read the policy and determine if there is any chance wife-2 gets anything. I just had this very issue with my step-son when his dad died. If the policy said the beneficiary was your mom and THEN you and your brother, then you get it all.
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