Legal Question in Wills and Trusts in New Jersey

My ex husband died leaving a will with no assets. he distributed them before he died. there is no probate. my question is in our final divorce decree there was supposed to be a insurance policy on him with me as irrevocable beneficiary. it seems that there is no policy. i certainly am due this money but all the assets were tranferred to his wife. how do i go about getting this money.


Asked on 5/07/10, 9:00 am

4 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

You will need to sue his estate to enforce the terms of the divorce judgement. You should do this IMMEDIATELY or risk losing the insurance proceeds.

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Answered on 5/12/10, 9:34 am
Walter LeVine Walter D. LeVine, Esq.

I agree, although you may have to sue the wife also; possibly under the theory of a transfee of a transfer in fraud of creditors or you as the beneficiary of a constructive trust. I further agree that this suit needs to be initiated immediately.

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Answered on 5/12/10, 9:43 am
Robert Davies The Davies Law Firm, P.A.

You get the money by filing a lawsuit against his estate and his wife. Immediately, today. You want an injunction to stop her or anyone else from taking or spending the assets, and if there is any life insurance, you want that money frozen. Now. Today.

Call me at 201-820-3460. I do divorces and estate litigation, the two areas of law that you need.

Get a lawyer and get on this.

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Answered on 5/12/10, 11:01 am
Amy Klauber Klauber & Klauber, LLP

I agree with everything stated above. This does need to be acted upon immediately. Please recall, however, that you are entitled to the proceeds of the life insurance policy and the first step would be to find out if he had one and changed the beneficiary from you to his wife. To discuss this matter further, please contact my office at 732-663-1500.

Thank you.

Amy Klauber

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Answered on 5/12/10, 1:06 pm


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