Legal Question in Wills and Trusts in New Jersey
Life Insurance Policy Signed Over to X wife
Years back my father who was collecting disability becuase of Agent Orange signed his life insurance policy over to his wife. In the past year my parents were divorced and my father recently past away. The life insurance policy is still in my mothers name who will not divide it between her three children. Is there a way that the life insurance can be taken away from her because of the divorce and she also got engaged recently. My wish is to have the money divided evenly between the three children and leave nothing to my mom because that is what my father would have wanted.
2 Answers from Attorneys
Re: Life Insurance Policy Signed Over to X wife
I don't think your plan has much of a chance.
The insurance company is going to pay out the policy according to the beneficiary designation.
Further, unless the divorce settlement or Judgment specifically referenced the insurance policy (a possibility) it is not part of your father's estate. In addition, if your father "signed it over" to your mother, she may actually own the policy, in which case, the divorce may not have any affect on what happens to it.
Re: Life Insurance Policy Signed Over to X wife
Slim chance. Did their divorce judgment or property settlement agreement say anything about the policy? Sometimes these matters are covered by the judgment or settlement agreement, and might act as a change of beneficiary, or may have required the policy be continued for your mom. These documents must be examined. Also, can you check with the attorney who represented your dad in the divorce? He may have some information. If the decree and/or settlement agreement are silent, there may possibly be some equitable claim againt the policy. If his attorney missed this, there might be a claim against him. You have not provided sufficient information to give you more than thoughts on where to go next and what to look into.