Legal Question in Wills and Trusts in New Hampshire
No will updated after divorce
Hello,
My husband remarried and did not udpate his will after marriage. He just recently died. We have one son together. What does the law indicate his inheritance without a will if his step-mother is the beneficiary of life insurance?
Thank you
1 Answer from Attorneys
Re: No will updated after divorce
The life insurance is a private contract and passes outside of probate. However, you did not indicate if your divorce decree requires your late husband to maintain any insurance for the benefit of your son. Without a will, his current wife (if any) would inherit a portion of the estate, depneding upon family structure, you son may be entitled to a portion too.
The only way to work out the details is to have an idea of the size and character of the estate and then meet with an attorney to review the statutory order for distribution when someone dies without a will.
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