Legal Question in Family Law in Vermont

Divorce/Inheritance Law

As part of my parents divorce decree in 1987 my father was ordered to maintain a life insurance policy valued at $100K with my sister and I named as beneficiaries. I believe he has let this policy lapse. Would there be any legal claim to his estate for that amount at the time of his death based on the terms of their divorce? He's married for the 3rd time to a woman half his age. My father has a sizable estate and she was very quick to get the will done naming her as sole beneficiary. He lives in Vermont.


Asked on 7/02/08, 9:31 am

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

Re: Divorce/Inheritance Law

Life insurance policies pass outside of probate. This means that the will has nothing to do with a life insurance policy.

I believe you may have a claim against his estate as a third party beneficiary to the divorce action judgment since you were/will supposed to benefit from the order as a beneficiary to the life policy.

If your mother is alive, she really should enforce that portion of the decree and make sure he complies. If she is not alive, you may be able to do this. This would be much easier than waiting for his demise to battle in the probate court.

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Answered on 7/02/08, 11:28 am


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