Legal Question in Wills and Trusts in Utah

This is a complicated situation. Life insurance is a nonprobate asset meaning it will be paid to the beneficiary without having to go through probate. However, there is a statute in Utah called the spouse's elective share. Much goes into that calculation. But it includes both probate and nonprobate assets. So the spouse could probably attempt to make a claim on it as part of her elective share. Since it sounds like the divorce was not final she will probably be able to go after that. She would have to pursue that option in probate court. It is not something the life insurance company will do if she were to ask. So I would sit tight and go through the administration of the estate and see what kind of waves she makes. Let me know if I can be of assistance.

Life insurance is a contract with the insurance company where the insured (your Dad) makes a contract that they will pay his named beneficiary on his death. The money goes to the sister and does not go into his estate. The wife will not have a valid claim on the insurance. She may be able to claim a portion of his Estate - which the personal representative can contest, but not the life insurance.

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