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  • May 10, 2018

Competing Life Insurance Claims Between the Spouses in a First and Second Marriage

Family law can not only put a husband and wife in adversarial litigation; but also create competing claims between the spouses in a first and second marriage.  Consider the following situation faced by the Ferguson, Schetelich & Ballew Family Law Practice group. A divorced husband was obligated by the Court’s judgment to provide life insurance for the benefit of his divorced wife.  Over time, the husband remarried. The new couple made reciprocal Wills benefiting one another, and each changed their life insurance beneficiary to name the other.  When the husband unexpectedly died, both the first and second spouse make claim…

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