Is it legal for the mother of my husband’s child to take out life insurance on him since they are not married?

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Is it legal for the mother of my husband’s child to take out life insurance on him since they are not married?

Recently the mother of my husband’s 3 year old son told my husband that she took out life insurance on him. He is confused because he never signed anything and doesn’t understand how this can be done without his consent. Even my own mother said she has to have my fathers signature in order to take one out on him. What can he do in order to get it taken out? It makes us both feel very uncomfortable.

Asked on April 3, 2012 under Insurance Law, Maryland

Answers:

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

Answered 9 years ago | Contributor

Well first let me say that your mother can absolutely take out a life insurance policy on your father with OUT his signature because under the law she has an insurable interest - which is what you need - by reason of marriage.  Generally spouses, children, business partners - they have insurable interests in the lives of the other spouses, parents, etc.  There is generally a pecuniary interest- like support - that can trigger the right.  Now, the mother does not have the right here but the child does.  And if she took it out on behalf of the child as his guardian then maybe she can.  You need more information here.  Good luck  


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