Legal Question in Insurance Law in New Mexico

My mother passed away in Oct. she had 2 life insurance policies of which my step-father was the beneficiary. It has come to light that during this marriage there was infidelity. My question is, If there was infidelity during this marriage does this disqualify the beneficiary in any way of being able to claim the insurance? Or is there anything that can be done to keep him from receiving these benefits? I want to also make it clear that i am not making this inquiry to in some way benefit me financially in the future...i simply don't want this man to be able to reap the benefits of a life insurance policy that is not rightfully his...any helpor advise would be GREATLY appreciated


Asked on 7/28/10, 5:41 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The named beneficiary under a policy of life insurance will receive the proceeds upon the death of the insured unless the beneficiary caused that death. There is no other disqualification.

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Answered on 8/03/10, 1:46 pm


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