Legal Question in Wills and Trusts in Tennessee

I live in Tennessee and my fiance died last year. We had been together for 8 years and have a child together. He also had an exwife and older child from a previous marriage that ended in 1999. In the year 2004 or 2005 he took out a life insurance policy with me as beneficiary. This was a bdand NEW policy specifically for me. Since his death it has come into light that he was supposed to have maintained a policy naming his daughter (from prior marriage) as beneficiary for a set amount per divorce decree. There is no certain policy mentioned, just that it go to her and for $100,000. In the meantime, she has also received approx $30,000 from an IRA he left to her and receives a large amout of SSI each month. My son and I were left with nothing because I was not married to his father. SO we had no home or anything. My question is can the little girls mother legally take part of my life insurance proceeds, even though this policy had nothing to do with her divorce decree?


Asked on 6/27/10, 10:12 am

1 Answer from Attorneys
Mike Adams Williams, McDaniel, Wolfe & Womack PC

Without knowing more facts, i would think that the only recourse his ex-wife has under the divorce decree is to file a claim against his estate. I would not think she can get to your fiancee's life insurance policy for you but you may have to fight her on it. Let me know if you would like to retain our firm to represent you in this matter.

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Answered on 7/08/10, 7:20 am


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