Legal Question in Wills and Trusts in Massachusetts

Re: life insurance and wills

Life insurance and the will have nothing to do with each other. The insurance policy stands on its own. If the beneficiary designation was forged, contact the insurer IMMEDIATELY. As for the remainder of probate, that will be determined by the Will (if one exists) or the laws of proabet for those people who do not make a will (called intestate).

Re: life insurance and wills

You need to meet with a lawyer ASAP -- preferably someone who has experience in probate litigation.

Assuming that you have some amount of proof, you are going to need to hire a lawyer to bring suit against both the wife and the insurance company in the Superior Court. DO NOT try to bring this case yourself -- the procedures to get the court to stop the insurance company from issuing the proceeds until the litigation is done are very technical. I can guarantee you that the insurance company will have a very good attorney representing it, and the widow will probably hire someone to represent her interests.

If there is no will, your sons are entitled to one-half of the real property and one-half of the personal property which your ex-husband owned in his sole name. There is no obligation to file a will until 30 days after the date of his death.

Good luck to you and your sons.

Re: life insurance and wills

The answers previously given are on target. I would add that if the change of beneficiary form was not forged, and your husband wrongfully changed beneficiaries in violation of a legal agreement (e.g. separation agreement, which can become part of a court order upon divorce), there can be a claim against his estate, assuming the estate has assets.

While your sons will be entitled to notice upon probate of the will, or upon a petition to administer the assets of your ex-husband if there is no will, you still should contact an attorney as soon as possible.

Please contact my office if you wish to pursue this matter.

Re: life insurance and wills

Presumably, you have a divorce judgment that states that he must keep the boys as beneficiaries under his life insurance policy. This would allow you to sue the estate for these proceeds via a Complaint for Contempt. You may want to contact the insurance company and ask what you can do if the beneficiary form has been falsified. I'm sure they would want to know this. A handwriting expert could be retained to determine this.