Legal Question in Insurance Law in West Virginia
Insurance Beneficiaries
I am working on an Estate where the deceased had divorced 6 weeks prior to death. Her Life Insurance Designation after death still had her ex husband as the beneficiary. Her divorce decree did not stipulate anything other than retirement benefits to be changed, but her Retirement ad Life are through the same company. Her designation on the form she completed prior to death said ''husband''. DOes this change after death? Are there any WV statutes that would apply, or is her ex husband fully entitled to the benefits. I believe it to be an oversight on her part when completing her divorce since she changed everything in the decree with exception of no mention of the life insurance policy.
1 Answer from Attorneys
Re: Insurance Beneficiaries
A preliminary review would indicate that the husband is entitled to the proceeds. It is likley that this is governed by ERISA and change in beneficiary requires a writing, signed by the decedent and either acknowledged before a notary or witnessed by the Plan Administrator.
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