A death claim is being denied.

Get Legal Help Today

 Secured with SHA-256 Encryption

A death claim is being denied.

In 1988 my Mother got life insurance on myself and my husband, we divorced in 1995 but she kept the policy for our son. My Ex-Husband passed away in April of this year and she filed a claim, they told her that I was the beneficiary so I sent in a claim, now they tell me that according to the laws in Virginia that I need to provide a Property Settlement Agreement stating that I am entitled to the proceeds and I don’t have one and I wasn’t aware of this law and I don’t know what to do next.

Asked on November 15, 2017 under Insurance Law, Virginia

Answers:

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

Answered 3 years ago | Contributor

So my main concern here is if your Mother had what is known as an "insurable interest" in the life of her ex son in law.  If it was for the benefit of support then maybe.  But I would find a new lawyer to help you.  In the meantime write a certified letter to the Insurer and tell them that there is a dispute as to the beneficiary of the proceeds and that you want them to "interplead" them in to court rather than pay them out to another.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption