Legal Question in Wills and Trusts in Virginia
Survivor Death Benefits of Children if Father re-married less one year before hi
My Mom and Dad divorced after 34 yrs of marriage. My Dad re-marries and dies from lung cancer 9 month later. A significant withdrawal was taken from my Dad's life insurance policy and placed in his banking account and the beneficiaries were changed 2 months before his death. Please keep in mind upon diagnosis my Dad was given a prognosis of 4-6 months to live. My questions are what is my Dad's new wife entitled to since they were only married 9 months and can the beneficiary changes be contested due to his illness and the length of their marriage.
1 Answer from Attorneys
Re: Survivor Death Benefits of Children if Father re-married less one year befor
Assuming that your father died testate (with a will) and intentionally named his most recent wife
as a beneficiary in this will, then she would be entitled to whatever the will allows for her.(The fact that she was only married nine months to her benefactor is irrelevant in terms of determining what she's entitled to under the will itself.)
If parties to the will wish to challenge it on the grounds that the testator (your father) may have been subject to undue influence, duress, or even fraud, they must mount their challenge within the applicable time frames allowed for appeal by the court probating the will.
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