Life Insurance

[MMDad]

Situation: A controlling abusive husband and father of two has named his mother as the beneficiary on his life insurance. The wife did not sign a pre-nup or any other document waiving her right to the insurance.

She is worried that if he passes, she and the kids will lose everything.

I believe that she is legally entitled to the life insurance, but since his mother is listed as the beneficiary the estate would be considered contested and would be tied up in probate. Am I right?

Is there anything she can do, other than convincing him to change the beneficiary?

 

[Jeff]

Situation: A controlling abusive husband and father of two has named his mother as the beneficiary on his life insurance. The wife did not sign a pre-nup or any other document waiving her right to the insurance.

She is worried that if he passes, she and the kids will lose everything.

I believe that she is legally entitled to the life insurance, but since his mother is listed as the beneficiary the estate would be considered contested and would be tied up in probate. Am I right?

Is there anything she can do, other than convincing him to change the beneficiary?

When I got 'Separated' I went to change my policy. I wanted to drop the wife and leave it to my mother to care for my kids. The only way I could legally exclude the wife was to have here sign a waiver. It was actually a clause written into the policy.

But after I was 'Legally Divorced' I could change it and do anything I wanted.

Not exactly what your looking for but kind of points out the fact that at least with my policy, the spouse would have to agree to this.

 

[onebdzee]

Situation: A controlling abusive husband and father of two has named his mother as the beneficiary on his life insurance. The wife did not sign a pre-nup or any other document waiving her right to the insurance.

She is worried that if he passes, she and the kids will lose everything.

I believe that she is legally entitled to the life insurance, but since his mother is listed as the beneficiary the estate would be considered contested and would be tied up in probate. Am I right?

Is there anything she can do, other than convincing him to change the beneficiary?

You are right....however, she will be receiving SSI benefits for her(?) and her kids as long as they are under the age of 18(25? if still in school) and he paid into SSI

She can either plead to his controling ass that she needs to take care of HIS kids if something happened to him or plead to his mother....maybe his mother will sign something that states that she will sign over the life insurance(and anything else) to her for the care of their kids in the form of a trust account :shrug:

 

[BS Gal]

You are right....however, she will be receiving SSI benefits for her(?) and her kids as long as they are under the age of 18(25? if still in school) and he paid into SSI

She can either plead to his controling ass that she needs to take care of HIS kids if something happened to him or plead to his mother....maybe his mother will sign something that states that she will sign over the life insurance(and anything else) to her for the care of their kids in the form of a trust account :shrug:

I think MMDad should just change his beneficiary to be his wife. :shrug:

 

[Chasey_Lane]

The wife could take out a separate policy on her husband. :shrug:

 

[MMDad]

She can either plead to his controling ass that she needs to take care of HIS kids if something happened to him or plead to his mother....maybe his mother will sign something that states that she will sign over the life insurance(and anything else) to her for the care of their kids in the form of a trust account :shrug:

She has a backup plan. His mom wants to bury him in a different state. She says she'll threaten to cremate and bury him if she doesn't turn over the insurance.

I think MMDad should just change his beneficiary to be his wife. :shrug:

 

[MMDad]

The wife could take out a separate policy on her husband. :shrug:

She's the housekeeper/stay at home mom. He doesn't allow her extra money that she could do that with.

Also, he could never pass a physical to get a dime of insurance due to chronic health issues he is not managing. If it weren't for his work policy that doesn't require a physical, he'd have no insurance.

 

[Chasey_Lane]

She says she'll threaten to cremate and bury him if she doesn't turn over the insurance.

How nice.

 

[Chasey_Lane]

She's the housekeeper/stay at home mom. He doesn't allow her extra money that she could do that with.

I suggest she grow a set, get a job and leave his ass. You can't feel sorry for someone who doesn't help themself.

 

[MMDad]

I suggest she grow a set, get a job and leave his ass. You can't feel sorry for someone who doesn't help themself.

You're 100% correct. Unfortunately, there are some people who like being the victim of whatever wrong is thrust upon them.

 

[vegmom]

I thought it was MD law that you had to name your current spouse as the primary beneficiary on your life insurance?

 

[migtig]

I got a notice in the mail yesterday in reference to my accidental death and dismemberment life insurance cause they want me to up the coverage. I read it all, cause I was curious about who would / could collect since I have no immediate family and the fine print stated - payout goes first to spouse, second to children, third to parents and fourth to your estate.

So, by law, she and his children have rights. However, if this insurance is through his job, she could always call his benefits manager to confirm details. :shrug:

 

[aosmiles]

he can list who he wants as beneficiary of the life insurance. the named beneficiary on the life insurance trumps whatever a will might say. if he dies with or without a will, she is still legally entitled to a portion of his estate. she would get 1/3 of his estate even if he left everything to his mother through a will. if he had no will, everything in the estate would go to her and the kids before the mother...except for anything that has the mother named as a pre-designated beneficiary. i.e. the life insurance policy. go visit the maryland state code on estates and trusts if you want more info.

 

[aosmiles]

it is not always about liking being the victim. some people are treated so badly and are beaten down mentally for so long that they don't think they can leave. they don't always know where to go, who to turn to, etc. so, yes, she should leave him-but it is easy to say that when you are on the outside looking in. to suggest that she enjoys being victimized is ridiculous. it is hard to make it on your own with kids. it is even harder if you have not worked for a long time or ever and you have kids plus having lived with an abuser.

 

[SoMDGirl42]

Every insurance policy I've ever had has had a line stating if you are naming someone other than a spouse you must have the spouse sign a waiver. I don't know what she can do about it, but it sounds like he may have forged a signature?

 

[cavemanken]

I got a notice in the mail yesterday in reference to my accidental death and dismemberment life insurance cause they want me to up the coverage. I read it all, cause I was curious about who would / could collect since I have no immediate family and the fine print stated - payout goes first to spouse, second to children, third to parents and fourth to your estate.

So, by law, she and his children have rights. However, if this insurance is through his job, she could always call his benefits manager to confirm details. :shrug:

If you have no immediate family...who wants you to up the coverage? Why would you up the coverage if you don't have anyone who will benefit?

 

[migtig]

If you have no immediate family...who wants you to up the coverage? Why would you up the coverage if you don't have anyone who will benefit?

The insurance company always wants you to up your coverage.

My doggie and my bestest friend would benefit from my death. Besides - somebody has to get rid of my body, so she might as well get some kind of compensation.

 

[cavemanken]

The insurance company always wants you to up your coverage.

My doggie and my bestest friend would benefit from my death. Besides - somebody has to get rid of my body, so she might as well get some kind of compensation.

OK.....At first it sounded like you didn't have anyone that you would want to leave anything to. The way I see it, additional life insurance is really pretty cheap....depending on your policy, and the amount you can be insured for can make a huge difference in a loved ones life. I am personally insured for enough to pay off my mortgage, send my daughter to any college she wants to go to and provide a decent retirement for my spouse....plus enough to get me creamated and scattered or planted.