my ex-husband canceled court ordered life insurance and died what do I do?

Our divorce order says that we both maintain life insurance for the duration of
support with our two boys being the beneficiaries. I heard my ex was ill and
wrote to him and his attorney asking for his current life insurance since I just
found out he canceled his policy in 2013. Well, sadly, he died this week and I am
not sure if I sue his estate for the amount the policy would have provided. He
did anything possible to put all his assets in his wife’s name and I am not sure
where to start.

Asked on October 11, 2017 under Estate Planning, Oregon


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Please go and seek legal help here.  If the life insurance was part of the divorce settlement - likely to insure that in the event of death it covered the child support that was required - and he cancelled it, then you can sue the estate for what would have been the proceeds.  But it sounds like there are intertwining provisions and there is a question here about coercion of your son.  Please seek help.  Good luck.

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