Divorce Solutions

Nov 27, 2018

Question #277:Hello, I received monies from my mother’s life insurance policy a couple of months ago. The money has been sitting in a total control account solely in my name. Me and my husband are about to file for divorce. I have read that he is not entitled to any of my inheritance as long as the account is separate, but is money received from a life insurance policy considered inheritance?

In New York, The proceeds of a life insurance policy as well as money received as a gift, bequeath, or inheritance, should be considered separate property if they are kept in a separate account and not commingled with marital assets. I imagine the law in Texas is the same, but check the law in Texas […]

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Oct 31, 2018

Question #187:My father passed away Oct 28 2005, he had not lived with his second wife for almost 12 years, before he passed he was sick and gave me power of attorney and told me what he wanted done with the money from his life insurance policy (which was to evenly distribute it amongst myself and my 3 other siblings.) After his death I found out that I was not on the life insurance policy as a beneficiary, but he never removed his second wife from the policy. After that much time apart are they considered divorced due to abandonment? If they are divorced what do I have to do to stop her from getting the money?

Unfortunately for you, if your father never legally divorced his 2nd wife she is still considered his wife .Secondly, if he told you that he wanted you and your siblings to be the beneficiaries of his estate, you should have asked for a copy of the insurance policy and made sure that it reflected his […]

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