Dads ex-wifes name is beneficiary on life insurance.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 22, 2011

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Insurance Question from Fall River, MA

Asked on 10/22/2011

Dads ex-wifes name is beneficiary on life insurance. My dad has been divorced for 10 years. I have all the divorce paperwork. However, he passed away last week and overlooked changing his life ins policy to my name. I am his next of kin. It clearly states in the divorce papers everything was seperate. Can I take her to court if necessary.

Answer given on October 24, 2011

Any life changing event–death of child, birth of a child, death of a spouse, marriage, divorce, etc.—is cause for review of all life insurance and life insurance beneficiaries. Unfortunately, forgetting to change the beneficiary is probably something that can not be proven in court.  Although the divorce papers say everything was separate, it can be argued that he still wanted the life insurance to still go to her.  You can always talk to an attorney and discuss any circumstance that may or may not make a difference that you were not able to discuss here.  After hearing everything an attorney may be able to help you.   Click here to talk with an attorney in your area.   

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