Can My Fathers Ex Wife Get Back Child Support Through His Life Insurance Policy After He Has Passed Away?
Posted October 17, 2009 – 5:03 pm in: structured settlements FAQHe passed away and his ex wife (my half sisters mother) is trying to get her money through his life insurance policy. Remind you he left this money for his KIDS. It has been 11 years since any legal action has been taken. Please help!
Tags: After, Back, Child, Father's, Insurance, Life, Policy, Support, Through, Wife
8 Comments
If the insurance policy was left to the estate, then yes, she would have a claim on that money. But if the life insurance was left specifically to his children by name and not to his estate, the ex-wife cannot get any money from either it or the children.
What she should have done (or do) was sue the estate as that was one of his lawful debts that had to be dealt with at the time of your father’s death. Whether or not she can do anything now is for the lawyers to determine.
One thing is sure: she can’t get any money from anyone who received monies from that insurance policy. But if the estate was disbursed before paying out on all the lawful debts (including her’s), then it is possible that anything disbursed from *****his estate*** could be clawed back. Take care.
If she had to rely on government aid (welfare) she may be able to, the state would file for it though to be paid to the state not her. It also depends upon how old the children are now and at what age child support was officially ended. (16, 18, 21,24?)You would have to consult the divorce/custody/support court orders for that. I suggest consulting a lawyer.
As an attorney the question is state specific, however, I would argue that an insurance check could not be used in this fashion as it never became part of the estate. The check is made out to the beneficiary. However, it could clearly be used for arrears if the beneficiary is the estate itself. Check with a local attorney!
nope ! not the life insurance,they can try other avenues,but not the life insurance,if it is a large sum of money get you a lawyer to be on the safe side.If you are the beneficiary on the policy the check will be made out to you. do not let them cun you out of your money!
She might be able to do that if he was in arrears on his child support. If the ex wife had to pay to raise his son because he didn’t pay his share, the ex CAN get the arrearages she is owed from his estate.
Child support is for the MOTHER….if he owes back support it means she had to pay her money to make up for what he was ordered to pay & didn;t therefore she is owed the money….
She can sue the estate for money owed, yes.
If she is owed arrears, yes she can. Legally that is to pay back money for his children.
The attorney should be able to answer this one. I believe it would be state specific.