QUESTION

Does spouse of 1yr receive death benefits if soldier was active and suicide was a result of issues with wife, not military.

Asked on Jul 31st, 2012 on Trusts and Estates - Georgia
More details to this question:
My step children have been living with their mother who was married to an active soldier in Ft. Polk. He killed himself in April and his last message was "if you want to know why, ask Ellen" (his spouse) The previous message indicated trouble between the two. She is a snake and marries military men as a target (my husband included) and continues to lie and steal to this day. We fear this soldier was pushed to do this by her and she has benefited by taking his truck, belongings and benefits and moving back to Georgia on the Govt dime. Is this legal? She tried to tell us it was an accident but his brother/family/friends are saying suicide... Help?
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1 ANSWER

Personal Injury Attorney serving Fayetteville, GA at Wade Law Office
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The answer could depend on some different factors. Some life insurance policies have a provision stating that they will not pay in the event the insured committed suicide, although sometimes those restrictions do not exist and sometimes they are limited, so that, for example, they might only apply if the suicide occurred within 2 years after the policy was issued. However, in general, if the spouse was the designated beneficiary of the policy or of any other asset, she would receive benefits under the beneficiary designation as long as she and the deceased were still married (and sometimes even if they'd been divorced before death, which is why it is critical to check and update all beneficiary designations after a divorce). In general, the only time someone who is designated as a beneficiary, or who is an heir to an estate or beneficiary under a Will, will not receive the assets because of their involvement with the death is if they actually are determined to have killed the person. Many states have a "slayer statute," which typically provides that a person who is found to have actually killed the deceased will not receive benefits as a result of the death, even if they otherwise would receive assets as a designated beneficiary or as an heir. However, if your husband's ex-wife simply irritated her current husband to the point that he actually killed himself, and she didn't actually kill him or have someone else kill him, then she's not likely to be preventing from receiving assets by a slayer statute. If her current husband's family has concerns, then they really need to consult their own attorneys. Those attorneys would need to be familiar with the laws of the state where her current husband had his primary residence at the time of his death. This question can be difficult to determine if he was active military, but it could usually be figured out. It sounds like a very sad situation, but unfortunately it may be the case that your husband's ex-wife is entitled to whatever she gets, even if her current husband really did kill himself as a result of her actions.
Answered on Aug 01st, 2012 at 3:24 PM

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