Legal Question in Family Law in Illinois

In the divorce decree, my husband had to carry life

insurace, I as an irrevocable beneficiary, so that I can pay off his debts which I co-signed. Now he is deceased and his Trust lawyer says that my son is a beneficiary of the life ins. The trust is set up in 2004 and we divorced this year.Which supercede, divorce decree or the trust?


Asked on 11/17/10, 9:45 am

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

His trust governs. The life insurance proceeds are meant for support, not to pay off your joint bills. If that was the intent, then you should have been named the beneficiary, not the child or a trust.

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Answered on 11/23/10, 4:23 am


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