by Guest » Sun Oct 02, 2011 06:22 am
My father recently passed. My parents have been devorced for over five years. while they were still married my mother was the primary benefitiary and i was secondary. My father i guess forgot to change that before he passes. So my question is can i dispute it so that she does not get paid out and instead goes to his six childeren. As a side note when they got divorced she got half of everything and then some and the insurance was not part of the decree. Do we six children have a case to dispute and get funds distributed evenly to ho children?
Posted: Tue Oct 04, 2011 06:13 pm Post Subject:
Do we six children have a case to dispute and get funds distributed evenly to ho children?
The only possibility in a circumstance such as this is when the state in which the divorce occurred automatically disqualifies the spouse as beneficiary at the time of the divorce.
This is found in PROBATE LAW, not insurance law. There are now about 20 states that have enacted such laws.
However, if the insurance was part of an employee benefit plan covered under federal law ("ERISA"), then the plan document will control the situation, and the ex-spouse may still be entitled to the proceeds. That will be determined by the language of the divorce decree.
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