What todo if my brother has passed and on his insurance and death benefits he listed his ex-wife as beneficiary?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What todo if my brother has passed and on his insurance and death benefits he listed his ex-wife as beneficiary?

Our understanding is that the ex wife is not the legal beneficiary. He has 1 child who is 20 but he is estranged from-they haven’t talked in 15 years. The other child is 13. Who is the legal beneficiary? I am his sister and so far have been the one taking care of the estate. Do I need to go to probrate court?

Asked on August 3, 2012 under Estate Planning, Texas

Answers:

Brad Micklin / The Micklin Law Group

Answered 11 years ago | Contributor

This is a difficult question to answer because insurance benefits typically pass outside an estate and are considered nonprobate property. In other words, the person who is the named beneficiary is usually the one who receives it regardless of what the law says about inheritance.

In some cases, you may be able file an application in the probate court asking to set aside the beneficiary designation indicating that is contrary to the decedent's intent and that it may have been revoked by operation of law by the divorce. Additionally, the decident may have had some mental or physical impairment that prevented him/he from changing the beneficiary designation following the divorce.

However, the probate court may not have jurisdiction over the insurance benefits as they are non-probate property.

You should speak with an experienced attorney who is familiar with these areas of law.

Good luck.

Brad M. Micklin, Esq.

187 Washington Ave., Suite 2F

Nutley, NJ 07110

973-562-0100

Brad@njdivorceattorney.net 

This information is based on New Jersey law and upon the limited facts you presented. My advice may be different if I find that the facts presented are different.  Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship. 

Brad Micklin / The Micklin Law Group

Answered 11 years ago | Contributor

This is a difficult question to answer because insurance benefits typically pass outside an estate and are considered nonprobate property. In other words, the person who is the named beneficiary is usually the one who receives it regardless of what the law says about inheritance.

In some cases, you may be able file an application in the probate court asking to set aside the beneficiary designation indicating that is contrary to the decedent's intent and that it may have been revoked by operation of law by the divorce. Additionally, the decident may have had some mental or physical impairment that prevented him/he from changing the beneficiary designation following the divorce.

However, the probate court may not have jurisdiction over the insurance benefits as they are non-probate property.

You should speak with an experienced attorney who is familiar with these areas of law.

Good luck.

Brad M. Micklin, Esq.

187 Washington Ave., Suite 2F

Nutley, NJ 07110

973-562-0100

Brad@njdivorceattorney.net 

This information is based on New Jersey law and upon the limited facts you presented. My advice may be different if I find that the facts presented are different.  Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption