What to do if my father died but did not designate a beneficiary on his insurance policy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my father died but did not designate a beneficiary on his insurance policy?
My father died and was divorced. His old insurance policy at work was to his-ex wife, his second wife. Anyway, he did not put who he was leaving the insurance money to, so now they are saying that since she was last on it then she is the one who will get it. She is in a nursing home and he could not stand her. Also, if she gets the money my stepsister, who I can’t stand, will just take it from her because she is the executor of her mother’s estate. I am not the executor to my father’s estate but I have the documents to go and do it if need be. I am wondering how I can make sure his ex-wife does not receive this money?
Asked on September 13, 2017 under Insurance Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In NJ, a divorce generally revokes the beneficiary designation of an ex-spouse, unless rovided otherwise in the decree. Therefore, even though the life insurance policy has your father's ex-wife listed as beneficiary, she cannot receive the benefit. Since no other beneficiaries were listed, the proceeds from the policy will be become payable to his estate.
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.