Legal Question in Insurance Law in Florida

My spouse said he is entitled to 30% of my life insurance regardless of who I desiginate as my benneficiary. Is this the a law in Florida as he says it is?

Asked on 8/29/13, 7:49 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

no. she is entitled to an elective share of your Estate, but a life policy with another beneficiary listed wont go through your Estate.

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Answered on 8/29/13, 11:50 am
Byron Petersen Byron G. Petersen P.A.

The answer is a flat "no".

There might, however, be a concern if your wife paid for some or all premiums during the period you were or have been married. She could allege that you were "unjustly enriched" in being able to name whomever you want to name as the beneficiary- on her dime.

This is not a legal opinion. It is my observations and you may not rely on my observations. For a legal opinion it is necessary that you formally engage counsel and meet with your attorney one on one.

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Answered on 9/01/13, 4:29 pm


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