who will get my husbands life insurance

Question Details: My husband has a terminal illness and we can no longer afford our home, if it goes into forclosure will i still be able to collect his life insurance or will the bank get it.

Asked 10/20/2009 under Insurance Law | 240 View(s) | More Legal Topics

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Insurance Law Law Answers

You can still collect on the insurance proceeds since they are directly paid out to the beneficiary.  However, if your name is also on the mortgage if there is a deficiency, that is the house sells for less than what is remaining on the mortgage, then your lender may be able to obtain a deficiency judgement.  If so then they can attach certain of your property, bank accounts and the like being among them.  Since the insurance proceeds would probably be deposited into such an account they may be at risk.

What you need to do is to consult with an attorney in your area.  They can best advise as to your rights under specfic state law.

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