Legal Question in Insurance Law in New York

Fraud claim on life insurance

My father died and left an insurance policy with no named beneficaries. The policy states that without any beneficaries it goes to his wife, then to his children.

At the time of his death my father was separated from his wife and they had 1 son together who is 7 years old. To my knowledge this was not a legal separation.

In a bid not to get his wife to get the money, I swore under oath that he was not married at the time of his death and that there were no other children.

Now the dreaded has happened, the wife has no re-entered. Having already been granted his pension and 401K she had applied for his insurance, who have now asked for their mmoney.

Do I have to give them the money so they can give to her? What can the insurance company do if I do not give the money back? And last but not least - surely she is not entitled to this money - my father would be turning in his grave.


Asked on 5/05/02, 9:15 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Fraud claim on life insurance

As his wife she is entitled to the insurance benefit. I suggest you hire an attorney who can speak with the insurance company and arrange for repayment.

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Answered on 5/05/02, 9:47 pm


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