Wills, estate…

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Wills, estate…

My daughter passed away May 13, 2016.
My wife and I are designated in her
living Will as benifinaries however,
she never removed ex-spouse on her Ford
Motor company insurance and he
remarried. I need to know if any legal
rights are granted to me such ad her
home and property, I have the copy of
the divorce decree.

Asked on June 17, 2016 under Estate Planning, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In some states, an ex-spouse can still inherit life insurance proceeds if they remain as the listed beneficairy on the policy. However, many states have enacted statutes prohibiting this ackowledging that just because someone forgot to remove their ex-spouse as a designated benficiary should not give that ex-spouse the right to such proceeds; in these cases the proceeds are payable to the deceased's estate. Further, most divorce decress extinguish the rights of an ex-spouse regarding such designations. At this point, you can check the terms of your daughter' divorce decree and/or you can consult directly with a local divorce attorney.


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