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...

Full Bio →

Written by

UPDATED: Oct 22, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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.   


IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.