Legal Question in Insurance Law in California

Lien against life insurance beneficiary

My father committed suicide this year. His ex-girlfriend is the beneficiary of his life insurance policy (he forgot to change it). Of course, she is not doing the morally correct thing and passing the proceeds onto his daughters. We get nothing. Is is possible for my father's exwife (my mother) to put a lien on the beneficiary monies for past child support that was never paid by my father?

Thank you for taking the time to answer this!


Asked on 11/30/04, 7:31 pm

2 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Lien against life insurance beneficiary

I am very sorry to hear of your father's untimely passing. I hope you are recovering from the loss as well as the now unsavory treatment his ex is directing towards you and your sisters.

Your answer will depend on the type of life insurance policcy involved. Whole life policies are paid continually, so there would be a claim for your mother as his exwife. Term policies are renewed with each payment, so that type would be relatively untouchable under that theory.

You pose an interesting option with the unpaid child support. This is something that should be directed to the District Attorney for your local area. Let them know that he has passed away but his estate has an insurance policy. They may be able to direct you better at recovering under this theory.

Good luck, please feel free to contact me directly at 626-578-0708 if you would like any additional advice.

Scott Linden

www.No2Probate.com

Read more
Answered on 12/03/04, 3:55 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Lien against life insurance beneficiary

You should immediately contact an attorney specializing in will contest and probate matters. You may get that from your local bar association or attorney referral service.

Good luck.

Read more
Answered on 12/05/04, 7:10 pm


Related Questions & Answers

More Insurance Law questions and answers in California