What to do if a father did not keep a life insurance policy for his children as per a divorce decree?

UPDATED: Aug 6, 2012

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What to do if a father did not keep a life insurance policy for his children as per a divorce decree?

A divorce decree was signed by a judge 30 years agothat my father continue to keep a life insurance policy for his 4 children for the remainder of his life. Father remarried, passed and did not keep life insurance policy. All monies, etc. passed to stepmother and no Will probated/no estate he did have a Will. Is there any way the 4 children can hold the stepmother liable for terms of life insurance policy?

Asked on August 6, 2012 under Estate Planning, Alabama


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You would not be able to sustain a claim directly against the stepmother per se; it would need to include your father's estate and the divorce decree. You should sit down with all of your siblings and an attorney and see what can be done. It may be simply your mother extinguished her rights for all of you if she did not insist on getting copies of the life insurance policies to ensure he was not in contempt of the order. At this point, you really need a probate attorney to help you first look for assets and then claim those asset.

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