Legal Question in Family Law in Missouri

During a nasty divorce, my ex took his anger out on our children and changed his life insurance policies to exclude the children (one 22 and one 19) both in college. In the divorce settlement I ask for his policies to name the children as his beneficiaries and it was granted in the judgement. However he never changed his policies and died one week ago. The children were the beneficiaries since they were born and he changed the policy 8 months before the divorce was final. How can we fight this?

Also, since the judgement stated that the children be "irrevocable beneficiaries on his life insurance policies." but not sole beneficiaries. Would that mean they would have to share with the others he changed it to?

My children are crushed by this, they are responsible for his funeral and all other expenses. He left a TON of bills behind.

Thanks for any help.

DST


Asked on 8/04/11, 8:56 am

1 Answer from Attorneys
Anthony Smith LawSmith

Normally a divorce decree is not effective against third parties. Therefore, the children may not be able to force the insurer to pay the funds to them. But, they may be able to make a claim aginst their father's estate for their share of the life insurance proceeds. As to the decedent's bills, they may not be liable for any of them. The case(s) you describe are very fact driven. Therefore, the children should probably consult direclty with a civil or probate attorney in the area where they or the decedent were lived. Many attorneys offer a free or low cost initial consultation. They should not delay as they may be restricted by very short time limits.

Good luck

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Answered on 8/05/11, 10:28 am


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