Legal Question in Wills and Trusts in Massachusetts

: Father deceased /mother div & remarried

Your mother's status is not relevant.

The life insurance is paid according to the terms of the policy.

Your father's intent is probably not controlling on your mother, unless there are some other legal facts that dictate otherwise.

If you have questions, contact me.

Re: Father deceased /mother div & remarried

I agree with Atty Lebensbaum. The beneficiary is your mother and the money is payable to her, unless there are circumstances you have not described here.

She can present her divorce decree and new marriage certificate to the life insurance company in order to show her name has changed. Similarly, if you and your sister are named somewhere on the policy, your sister may show her name change by presenting whatever document shows this change.

As far as your step-father is concerned, that is something you should discuss with your mother.

Re: Father deceased /mother div & remarried

It is important to change life insurance beneficiary designations so that the proper beneficiaries are reflected after changes in life circumstances.

The life insurance policy is a contract between the owner of the policy and the company, and beneficiaries must be changed in accordance with the company's policies.

While the company cannot be forced to pay proceeds to someone other than the beneficiary of record, in some cases there are equitable rights against the beneficiary, but it would be necessary to evaluate the particular facts in each case. (In addition, in some separation agreements, a spouse may be required to keep an exp-spouse as beneficiary on a certain amount of life insurance under conditions set forth in the separation agreement.)

The short answer is that it is not so easy to overcome the failure of a life insurance policy owner to revise the beneficiary designation, and what might have been the current intent of the owner may not be honored if no steps were taken to make sure that the necessary changes were made.

Good luck.

P.S. The situation may vary from state to state, and group life insurance and or insurance provided by a governmental employer may be subject to different rules, including the possibility that divorce nullifies an ex-spouse's interest.

Re: Father deceased /mother div & remarried

Your mother's status is not relevant. If your mother divorced your father, the separation agreement may be relevant as to the use of the proceeds. Other than that your father's intent does not control the matter. It is the terms contained in the Life Insurance Policy that control, however, if the policy was to be used in the event of your father's death for childsupport under a separation agreement, then you might have a claim for the funds notwithstanding the terms of the life insurance policy.