Legal Question in Wills and Trusts in Washington
My former husband recently committed suicide. We have a 15 year old daughter. He remarried in June 2009...separated August 2009 and was days away from his divorce being final from his new wife when he took his life in Dec 2009. The life insurance and 401k that he had when we were married in 1991 (divorced since 1999) continued to list me as beneficiary. He also left life insurance for his new wife, none to our daughter. Is there any reason to believe that this money will go to his estate instead of me? He left no will. Is the insurance required to pay the beneficiary because he had ample opportunity to change beneficiary designation? Thank you.
1 Answer from Attorneys
Life insurance and the 401k are distributed according to the most recent beneficiary designation on file with the plan administrator for it. If you know that the most recent beneficiary for a life insurance policy listed you as the only beneficiary, then yes, that money should go to you. If his most recent wife claims there was a more recent designation or contests it, you may have to defend it because a divorce raises a presumption that he did not want to leave it to you. But if he never submitted another beneficiary designation form then it should result in the proceeds going to you. Was he to leave money to you or your daughter as ordered in your divorce decree? You may want to talk to an attorney further if so or if his most recent wife contests the insurance proceeds be paid to you.
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