Denver, CO asked in Family Law and Probate for Colorado

Q: Life insurance policy on my late finance , death certificate said we were married even through we were not.

Life insurance policy on my late finance , death certificate said we were married even through we were not. Papers asking if he was married at time of death What should his mother and I do he did not have a will or beneficiary

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1 Lawyer Answer
Nina Whitehurst
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  • Probate Lawyer
  • Crossville, TN
  • Licensed in Colorado

A: You definitely shouldn't lie, but if the life insurance policy names you as the beneficiary, it does not matter. If the life insurance does not have a beneficiary, then it matters a lot. There might need to be a probate to determine the proper distribution of the life insurance if no death beneficiary was named.

You need to consult with both a probate attorney and maybe a family law attorney. Colorado does recognize common law marriage. It is possible that you WERE married as a matter of common law.

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