Legal Question in Wills and Trusts in West Virginia
Ex-wife to receive Life Insurance Benefits
My father died and left a will splitting everything between my brother and myself. He was divorced several years ago and his divorce decree stated that no further monies would be exchanged between them (including insurance). He never changed her as the beneficiary on his life insurance though. The ex took his furniture and broke his heart - a very sad situation for my father. When going through his papers we found a letter from the ex's lawyer threatening a restraining order when he tried to deliver her mail. We notified the company he retired from about his death. Now she is trying to get the insurance money. We had the court fax a copy of the divorce decree to the insurance company and are awaiting their decision. Is there anything further we can do to stop this immoral and unethical woman? We would rather see the money go to a charity before this woman receives my dads money. Would a civil suit have any chance? I live in VA but this is happening in WV.
1 Answer from Attorneys
Re: Ex-wife to receive Life Insurance Benefits
I think you have a serious mess on your hands,
but ASSUMING that the divorce decree is clear
and strong in saying what you describe, you
should be able to prevail.
The insurance company is not wrong to follow
the last instructions it received as to who to
pay the insurance money to. Therefore, I would
not hold out great hope that you can persuade
the insurance company to pay you instead. At
best, you might persuade the insurance company
to deposit the money with the court and seek a
decision on how owns it.
However, you can enforce the divorce decree
against the ex-wife and order that any money
she receives be returned to the decedent's
estate.
You might file a request for a declaratory
judgment in advance of the insurance company
paying her or file anaction against her after
the insurance company pays.
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