Legal Question in Wills and Trusts in New York

I have been divorced for 10 years from my ex-husband in NJ. He recently died intestate in NY and is survived by his mother. He left me as beneficiary to a life insurance policy, a pension from his employer and a $20K death benefit from his union Local 295/851 Employer Group Welfare Fund. In my NJ settlement agreement, which was incorporated into my final divorce decree it states exactly:

1. �Wife agrees to waive any claim she may have to Husband�s pension through Local 295/851� under �Other Assets�.

2. Under miscellaneous provisions:

�Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquished any and all rights he or she may now have or hereinafter acquire under the present or future laws of any jurisdiction, to share in the real and personal property or the estate of the other as a result of the marital relationship, including without limitation, dowry, curtsy, right to equitable distribution, statutory allowance, widow�s allowance, homestead rights, rights to take intestacy, right to take against the will of the other, and the right to act as administrator or executor of the other�s estate, and each party will, at the request of the other, execute, acknowledge and deliver any and all instruments that may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all suck interest, right and claim.�

Simply, am I entitled to any of the policies or monies that he named me as beneficiary? If so I am looking for representation as I received a letter from an attorney for his mother asking me to sign an assignment based on my divorce agreement.


Asked on 11/29/11, 11:08 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

It would appear, unless he were incapacitated or it could be proven that undue influence or some other improper behavior was used by you to prevent him from changing the forms, he left you as the beneficiary. While the law generally provides that divorced parties are free to name whomever they want as beneficiaries and, that absent something in a divorce jusdment and settlement agreement granting these assets to the divorced spouse, this can be done, a divorced party can do as they please. While it may be contested by his mother, unless she can prove you acted improperly, you are entitled to the assets. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Read more
Answered on 11/30/11, 2:03 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York