LIFE INSURANCE AFTER DIVORCE

My husband and I divorced 9/11/08.  He had taken out a life insurance policy for $10,000 with Mutual of Omaha and named me beneficiary before we were divorced but still wanted to me have it after the divorce to pay me back for buying him a handicapped van.  He died 8/10/09.  There is no contingent benficiary. I got a letter friday stating that since he died after the divorce that I was not entitled to the insurance money.  Question? If he DIDN'T want me to have the money when he died, why didn't he change the beneficiary or cancel the policy? He continued to pay for nearly a year after the divorce.  What can I do? I live in Texas.  His surviving 2 sons do not speak to me after the divorce even though my ex and I were still very good friends, so they will not be of any help-especially since they refused to let me attend the funeral. VERY FRUSTRATED!

Who was the beneficiary on the date of death? (Did it change) If it was you, then I would seek legal counsel or guidance through the State department of insurance. If it wasn't you...why are you asking now?

Why would the insurance company send you a letter out of the blue unless you were the beneficiary and what legal reason did they state they did not owe the money?

Adjuster Jack knows the inside of the insurance industry and can probably provide some insight.

I don't buy it either but await anjuster jacks views--there is a problem to initially take out a new policy on someone where you do not have an insurale interest--but I'm not sure it applies as to existing policy--unless it unwisely said  "pay to my wife"

Who wrote that letter?

Same question as Drew: Who wrote that letter?

If you were the NAMED beneficiary at the time of his death you need only submit a certified copy of the death certificate and a claim form to the life insurance company to get the money. You probably wouldn't even need the original of the policy because they would have you sign a Lost Policy Release.

If you know the name of the insurance company, you can find the phone number of their claims department on the internet, and you can make direct contact with the company for the claim form and instructions.

Texas statute 1103.002 Insurable Interest of Beneficiary, states:

• A beneficiary described by this subchapter who is designated in a life insurance policy has an insurable interest for the face amount of the policy and is entitled to collect that amount.

http://codes.lp.findla...

So you don't have to be married to him to collect since you, by statute, have an insurable interest just by being NAMED beneficiary.

I was the beneficiary before and after the divorce and death.  I obtained the items, including a death certificate, and filed for the claim.  My ex gave me the acutual policy (the paperwork). Mutual of Omaha sent me the letter a month after they recieved the claim.  Who knew that if you got a divorce you were suppose to have something in writing.  What if it had someone as beneficiary that wasn't even related, such as a friend? I just think they are trying to get out of paying. I've done everything by the book.

Thanks so much everyone....I will keep pursuing it...I will check with state board of insurance and whoever else it take!

Mutual of Omaha stated that according to the State laws of Texas a beneficiary designation is revoked upon a divorce and the Estate now becomes the beneificiary.  I'd like to see that law.

MOOSE53:

Mutual of Omaha stated that according to the State laws of Texas a beneficiary designation is revoked upon a divorce and the Estate now becomes the beneificiary. I'd like to see that law.

Sorry, I was wrong.

It's not in the Life Insurance Statute, it's in the Family Law Statute Chapter 9 - Post-Decree Proceedings.

Took me a while to find it.

Scroll down most of the page to Subchapter D. Disposition of Undivided Beneficial Interest.

See Section 9.301. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY OF LIFE INSURANCE.

http://law.justia.com/...

Looks like M of O is correct.