Legal Question in Insurance Law in Nevada

I've had an life insurance policy for many years with my wife as beneficiary. I'm now quite ill have not worked since 2007. I have credit cards and other debts that are in my name only and one judgement from Chysler for a truck I surrendered also only in my name. All these debts were in or prior to 2008. Our home was in both our names but we surrendered in 2008 ... it was sold by the bank and the mortgage was satisifed .... After my death can a creditor go after the life insurance proceeds that will be paid to my wife? I have no other assets other than social security. My wife has a good job and has kept everything going. After 40+ years of excellent credit everything just fell apart.

Asked on 8/12/10, 3:14 pm

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.
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Nevada law provides quite a few exemptions from creditor executions. One of them, which may be pertinent to you, reads:

"All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $15,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $15,000 bears to the whole annual premium paid."

Deposit those funds into a bank to whom you owe money, and -- whoops -- it may be gone, per the bank's right of setoff, nothwithstanding the legal exemption.

Your attorney can explain further.

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8/17/10, 11:00 pm

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