Legal Question in Insurance Law in New Mexico

Spouse not named beneficiary

My dad lives in a ''community property'' state. He just found out that he was not named the beneficiary on his wifes life insurance like she had told him. He never signed anything waiving his rights to the insurance benefits. Does he still have a right to receive the money or at least half of it since it's community property.


Asked on 12/12/08, 4:15 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Spouse not named beneficiary

I do not practice in New Mexico, so I can only respond concerning general community property law. Yes, each spouse has the right to set aside unconsented transfers of community as to their one-half interest. This answer is based on the policy being all or part community property, paid for by community funds. But if the wife owned the policy before she married your dad, then it is entirely possible the policy is her separate property to do with as she pleases. Your dad should consider contacting a family law attorney in New Mexico to explain and enforce his rights, if any.

Read more
Answered on 12/12/08, 9:14 pm


Related Questions & Answers

More Insurance Law questions and answers in New Mexico