A death claim is being denied.

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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 6 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.


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