Mandatory Life Insurance Clause

[barnettdrew]

Would there be legal standing to sue on a case where a father was required, in divorce settlement, to carry a $50,000 life insurance policy for himself, with ex wife as beneficiary and upon death, (6 years ago) it was explained that beneficiary status was changed to current wife (not mother of children) and two dependent children received no settlement (current wife benefited from claim). Two children were 15 and 16 at time of death. This is an Alabama case, Divorce was settled in Lauderdale County.

 

[army judge]

More than likey the statute of limitations would prohibit any such lawsuit.
Even if it didn't, who would you sue?
The "ex" is deceased, and the new wife is blameless.
Sorry, time to move on.

 

[wfn9]

Did he still have child support obligations left if so you could file on behalf of minor children if he died recently. But not sure about 6 years and you would forward your divorce decree to lifeinsurance company and depending on there contract and guidelines you could get paid.

 

[cbg]

FYI, this thread is from a year ago. We're even further away from the time a suit could have been filed, if there was ever a suit in the first place.

 

[Betty3]

As cbg said, thread is from a year ago. However, the ins. co. would have paid the policy proceeds to the bene named in the ins. policy. (They don't care about what the divorce settlement says.) If there was any "possibility" of a claim (doubtful), it is most likely too late to pursue now.