If my son is named as the sole beneficiary(life insurance) if i were to die, could my husband challenge it?

Question

i'm told yes by some, but no from many others. this is not a 401 or 403(which teachers have) which i know can be challenged in court. i do believe spouses have a say so in that. but as far as life insurance on myself, i have my son as beneficiary 100%. is that null and void? if so, how? please list reputable sources if answering these questions. thanks alot.

Answer 1

If you are married I am surprised they didn't make you list your husband.

You can have your son but if he is under 18 at the time, your husband will be his guardian and still have access to it unless you have it written that it has to stay in holding until your son is 18.  That is the only way to keep your husband out of it.

Answer 2

You can anyone you choose as your life insurance beneficiary.  The only issue would be if your son is still a minor.

Answer 3

Spouses don't have a say in life insurance.  

You CAN name your child full beneficiary, but keep in mind, if he's a minor when you die, his legal guardian gets full control of any of HIS money.  And can spend it all.

If you want this money to benefit your minor child, the best thing to do, is have the beneficiary be a TRUST for the care of your child.  You should talk to an estate attorney about how to set up the trust, the will, and fund it with insurance.

Answer 4

I believe that if you set up anyone other than your spouse, the spouse must sign to acknowledge it.  Then it would be hard for him to fight.

Answer 5

Have you listed this policy in a will? I'm not an attorney, and I think consulting one would help address your concerns.

Answer 6

Why would you want to do it anyways? If he is a minor, he cannot touch the $, the court will appoint someone to be in charge of the $ for him (probably your hubby anyways), and the person will have to go to court to be approved EVERY time they want to take some $ out for your child's benefit. What a waste fo time and $ for all.

If for some reason you don't want your hubby to have any, even if your child is a minor, open a trust, name the trust the beneficiary- the person you chose to oversee your trust will be in charge of that $ and can use it to benefit your child.

Check Suze Orman's website for more info.

Answer 7

The question is complex, and you haven't given enough facts.  First of all, the state that you live in makes a difference.  Second, the age of your child could also make a difference.

Most states have something called a "forced share" or "elective Share" statute, which prevents a person from totally disinheriting a spouse.  You may be required to leave your husband 1/3 or 1/2 of your estate, depending on the state.  In most states, they look only at the probate estate, and do not include things like life insurance, which pass to the beneficiary outside of the probate estate.  But in a few states, they have a concept called "augmented estate."  In those states they look at everything, including life insurance, and make sure that your husband has received the requisite percentage of the whole thing.

If your son is a minor, a guardian would need to be appointed to manage the insurance money for him.  If your husband is the guardian, he would have access to the money.