Legal Question in Wills and Trusts in Georgia

That would depend on the language of the agreement. Potentially they could sue his estate for his breach of contract. Since time deadlines in probate court are very short they need to see a lawyer IMMEDIATELY.

I had a case like this a long time ago with much the same issue. I don't think there is anything that can be done. What should have been done long ago is for you to purchase a policy but get it written into the divorce decree/settlement that your husband would pay the premiums. That way, this situation could have been avoided.

You are the one that had the agreement and since this was 30 years ago, the statute of limitations has run on any breach of the agreement. And even if you could bring a claim for breach of the agreement, the reason for the requirement presumably was to have something for your children to support them if the father unexpectedly died, not provide them with a right of inheritance. The children are now grown and I don't see what damages you would have because the agreement was breached (assuming the children are not disabled and are now able to support themselves).

Your children could not lay a claim to the insurance proceeds as they are not the named beneficiary. You do not indicate that the new wife did not engage in any wrongdoing sufficient to impose any kind of a constructive trust over the proceeds.

That leaves only a possible action by your children against the estate. However, they did not have the marital settlement agreement, you did, and they would have to try and prove that they were a third-party beneficiary. Again, they are running up against statute of limitations issues.

While you can talk with an attorney to see if an action could be brought against the husband's estate, the cost of bringing suit and the likelihood of winning is not in the children's favor.

However, this is one case where I would be happy to be wrong.