Legal Question in Wills and Trusts in Pennsylvania

Divorce and Beneficiary Designation upon Death of Insured

Must an estate lawyer file for insurance monies on behalf of the estate, if the secondary beneficiaries of benefits choose not to contest the initial beneficiary designation named in policies? Secondary beneficiaries support deceased father's wishes to provide for divorced spouse. Issue: Children, not named as secondary beneficiaries, contesting divorced spouses benefits. Estate lawyer states it is his responsibility to conteest divorced spouses rights on behalf of estate...again, even though secondary beneficiaries DO NOT want to contest. Context of question: Divorced spouse remained as primary beneficiary in all his policies. Each remained joint tenants on various accounts, maintained "personal" relationships, and continued to attend all family events and other activities. Divorce decree states divorced spouse waives rights to MONTHLY pension monies...no reference (as intended) to carry over to pension death benefits.


Asked on 10/04/00, 1:11 am

1 Answer from Attorneys
Murray Eckell Eckell,Sparks,Levy, Auerbach,Monte,Rainer,&Sloane

Re: Divorce and Beneficiary Designation upon Death of Insured

It is difficult to answer the question as posed because there are many missing facts. I can say, however, that decisions with respect to contests must be made by the executor under the will, not by the lawyer. Of course, in most cases the executor will follow the lawyer's advice. If a person divorces and forgets to change the beneficiary of his life policy, it may very well be the estate's duty to challenge depending on many different factors, such as how the beneficieary was referred to. Did it say to "Mary Jones, my wife"? or just to "Mary Jones"? or just "to my wife"? etc. It will also depend on whether or not the beneficiaries under the will are the same as on the policy and many other circumstances. If you wish to call me, please do 610 565-3700 x 242

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Answered on 11/01/00, 12:03 pm


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