Legal Question in Insurance Law in Louisiana

1. You only have a year from the date of the murder to file a suit against her for wrongful death so if it has not been over a year, an attorney should be consulted so that a wrongful death suit for damages can be filed within the year statute.

2. You need copies of the life insurance policies to see whether it says anything about intentional acts by a beneficieary voiding coverage or eligibility.

3. You need to make your own claim for the insurance proceeds as a contingent beneficiary. Before making that claim you need to discuss this with an attorney who can review the policy and facts and determine your legal rights.

4. If the insurance policy pays the proceeds to her, you lose a lot of leverage and control and you're only recourse would be to sue the insurance company for paying the wrong person and to sue her personally for damages she caused.

You should speak with an attorney as soon as you can. Full factual information is needed and there is a time issue in your case. I would be happy to discuss this with you. I can be reached at 504-299-3458.

Peirce A. Hammond

You need to contact the insurance company first. Make certain they do not pay her. Have them institute a concursus proceeding. They do that often in cases like this one. They will institute a lawsuit, make you (on behalf of the children) and the spouse accused of the crime parties to the suit. The insurance company will deposit the proceeds into the registry of the court and the court can then decide who gets the money.