Legal Question in Wills and Trusts in New Jersey
Does a Will supersede a divorce decree?
My father got divorced from my siblings mom in 2005 and in the divorce decree it stated that my siblings from that marriage would get 250k from the life insurance policy. My father has since then remarried 2 times and has now recently passed away. In his Will it states that the two children from his divorce would receive 100k each and the remaining children would split the rest 4 ways which would be 25k each. My father added more money to the policy so it would now be 300k instead of 250k. It states in the divorce decree that once both children were of age that they would be emancipated. Both of my siblings are of age but one is still in college. The divorce decree was set up in any event that my father died while they were still children and needed support. Now the issue is that the beneficiary who is my sibling does not want to give us the 25k that my father said to give in his WILL. My question is does the Will supersede the divorce decree? Are we owed that money? Do I Have a case ?
1 Answer from Attorneys
Your question is hard to follw...but as a general rule, the insurance company is going to pay the policy according to whatever the beneficiary form says [not necessarily what's in the divorce judgment or the Will]. The executor would have to follow the terms of the Will and pay out the probate assets accordingly [the insurance is not generally a probate asset, unless the estate is the named beneficiary on the policy].
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