What rights due children have to the proceeds from a deceased parent’s life insurance policy?

Servicemember had 2 children from 1st marriage. Current spouse is not giving children any of the life insurance. Can they take current spouse to court for a portion of their deceased parents life insurance?

Asked on September 14, 2012 under Estate Planning, Nevada


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  It really depends here on the designation of beneficiary form and who was named.  If his wife was the designated beneficiary then no, you can not do anything.  If there was no designated beneficiary and it went to an estate and he had a Will leaving his entire estate to his wife then no, you can not do anything. If there was no designated beneficiary and no Will then the intestacy laws will apply and yes, you would be able to make a claim under the estate. Please seek clarification from an attorney in your area.  Good luck.

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