Question
What is the name of your state? Michigan.
Statutory Insurance Provision
--------------------------------------------------------------------------------
What is the name of your state? Michigan
My Mothers husband died a few weeks ago, he had been married for 26 years befor and my mother about the same. He had life insurance from his work naming Her as beneficiary, His sons came forward contacted his work and insurance company saying they had to be named as beneficiary and were intitled to the life insurace because of court order they had received from both there mother and my mothers new Husband.
We found copies of these divorce papers in his files that read as follows:
STAUTORY INSURANCE PROVISION
IT IS FURTHER ORDERED ANDJUDGED, that the rights or interests of either party as beneficiary or otherwise in and to any contrat or policy of insurance on the life of the other party, annuity or endowment are hereby terminated,
PROVIDED HOWEVER, that plaintiff shall name as beneficiaries for his employment provided life insurance, his sons, Son #1, Son#2, Son#3
JURISDICTION OF THE COURT
IT FURTHER ORDERED AND ADJUDGED, that this court shall have continuing
Jurisdiction of this cause so as to effectuate and enforce the parties” property settlement as set forth herein.
EFFECTIVE DATE
IT IF FURTHER ORDERED AND ADJUDGDED, that this Judgment of Divorce shall be effective immediately upon entry.
Then its signed by him and there mother and a Judge and Attorneys
So is it true they have rights to his Employment Life Insurance?
I mean they were grown when there parents divorced and will this stand up? Like in court. I know they sent out claims forms to the Insurance, and my Mother filed a claim also.
HELP!!!!!
Answer
Were the sons from his first marriage or with the marriage to your mom?
So why didn't he make the official change to name his sons as beneficiaries, like he was legally required to do? Don't look for a positive outcome on your side--they are entitled to their money.
Answer
And of course, Dandy Dunce (Keith) is NOT relevant. It makes no difference who these sons 'belong' to.
The ONLY relevant issue is the validity of the court order.
And to answer that, we would have to know the applicable dates of the order, the specific cause of action that arose to the order, the dates of the employment and insurance, etc.
The correct suggestion would be for the OP to get a local attorney to review ALL the specifics and decide what, if any, options are available.