Legal Question in Immigration Law in West Virginia
Life Insurance Beneficiary
My son recently passed away. We discovered that the group life provided by his company had no beneficiary on file. They sent us an affadavit of preference. He has 2 young children and he is divorced, and his ex-wife is remarried. Will his creditors have any legal right to the funds?
3 Answers from Attorneys
Re: Life Insurance Beneficiary
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Depending on specific case and applicable law, yes, is possible. Creditors may have any legal rights. Is necessary search all contracts and review. Sometimes is possible win in a trial, but several times creditors win.
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Re: Life Insurance Beneficiary
Insurance follows the general laws of intestacy.
My condolences on the loss of your son.
While this matter is specific to state law, it will likely follow traditional avenues. As no beneficiary is named the benefits will attain the the next of kin. Here it will probably be the minor children, given that there are no unnamed variables (such as he surrendered parental rights). This is yet another example why everyone needs a will or better an entire estate plan. Everyone has assets an without proper direction those assets may not go where the deceased desires.
You should speak with an attorney located in the state where your son resided just prior to his death.
Again, you have my condolences.
Regards,
Re: Life Insurance Beneficiary
Interesting question. You really need to contact a lawyer to go over the paperwork,