Do life insurance policy’s automatically pay to a surviving spouse when there is no Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do life insurance policy’s automatically pay to a surviving spouse when there is no Will?
My ex-wife had a policy through her employer with myself (ex-husband) as the primary beneficiary and our 2 children as secondary. Her current husband at the time received the money.
Asked on August 26, 2010 under Insurance Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am sorry for your loss. The law on this matter varies but generally the right to a life insurance policy ends on the date of the divorce. If your ex wife intended you to remain as the beneficiary then she would have had to "re-designate" you as the the beneficiary after the divorce was finalized, meaning that she would have had to fillo out a new designation of beneficiary form with her employer and filie it prior to her death. Each policy, too, has a provision that allows for the pay out of the policy should the beneficiary designation be found to be invalid at the time of the death of the insured. If it just says "spouse" then he got it outright. If it says "estate" then it goes through probate. You would have the read the policy specifically to know.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.