I need help to receive my husband insurance money from his policy that him and i took out in 2013 to pay for his funeral

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Customer: i need help to receive my husband insurance money from his policy that him and i took out in 2013 to pay for his funeral service
JA: What state are you in? It matters because laws vary by location.
Customer: florida
JA: What steps have you taken so far?
Customer: the furneral service guy says since we were not married at the time we took out our policy and we told the agent we were not married and he put me as the spouce for the benificary and the insurance company will not honor me as the benificary
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my husband and i have been together for 32 years this october
Answered by Courtney S. Esq in 5 mins 3 months ago
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Courtney S. Esq
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Courtney S. Esq, Expert

Thank you for submitting your question and allowing me the opportunity to assist you. I am a licensed attorney practicing for 20 years and I am happy to help you. I can provide you general information but in doing so this does not create an attorney client relationship.

You may receive a telephone call prompt. That additional service is automatically offered by the website at an additional fee and not me personally. I am not available by phone so you can disregard the request but I will continue to chat in this thread.

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Courtney S. Esq, Expert

Hello, my name is Courtney.  I'm so sorry for your loss.  I'll do my best to help you navigate your legal options.  Were you and your husband legally married?

Customer
Hi
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Courtney S. Esq, Expert

Have you provided the insurance company with a copy of your marriage certificate?

Customer
Customer attachment 9/8/2022 12:11:05 AM
Customer
Hi
Customer
But we were divorced in 2001
Customer
also provide that information too
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Courtney S. Esq, Expert

I see, so the policy just lists spouse and not you by name?

Customer
One moment
Customer
Customer attachment 9/8/2022 12:14:54 AM
Customer
This one is mine but where his name is ***** ***** it says mine name
Customer
We both have the same insurance company America
Customer
It does have my name on it
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Courtney S. Esq, Expert

Ok, thank you for uploading it.  Did you pay for his funeral costs?

Customer
Not yet the funeral director says he can't get paid until we resolve this issue
Customer
They said because we are not married
Customer
this is why I need help
Customer
I have been paying for these policies since 2014
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Courtney S. Esq, Expert

If the insurance company refuses to pay the claim to you, I would recommend that you hire an attorney to file a petition for declaratory judgment to have you declared as the rightful beneficiary.  Your husband signed the application and knowingly listed you as his spouse and his intent is apparent to name you as the beneficiary.  You can obtain a Court Order declaring you the beneficiary and then the insurance company will have to pay you the proceeds.

Customer
I have tired to call them today but was on hold over 2 hours I will contact the again in the morning
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Courtney S. Esq, Expert

Are you calling a local attorney?

Customer
I will have to find one in the morning
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Courtney S. Esq, Expert

If you have trouble finding one, a good site to search is www.avvo.com or www.justia.com/lawyers.

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Courtney S. Esq, Expert

I do believe you should pursue this and will be successful.  Is there anything else I can help you with?

Customer
No ma'am thank you for your help
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Courtney S. Esq, Expert

You are welcome!

If you have any other legal questions, you can always reach me directly on my profile here - https://www.justanswer.com/law/expert-courtneysesq/?rpt=3800

Thank you for using JustAnswer!


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