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  1. #1

    Default Can a Divorce Decree Override a Beneficiary Provision in a Life Insurance Policy

    My question involves insurance law for the state of: PA


    Recently my father passed away. I was initially named one of the beneficiaries. My father was re married and had other children. When he got a divorce from that wife it was mentioned that she would be an irrevocable trustee for her kids in the divorce decree. Does this over ride me as the beneficiary?

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Can a Divorce Decree Override a Beneficiary Provision in a Life Insurance Policy

    No, a divorce decree doesn't override whomever your father named as beneficiary of a life insurance policy. If his ex-wife didn't see to it that he created an irrevocable trust to which to leave Y life insurance proceeds, that's not your problem.

    If you are named as an individual on an insurance policy, I can't fathom that an insurance company wouldn't simply cough up the dough to you after you filed a claim form.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Can a Divorce Decree Override a Beneficiary Provision in a Life Insurance Policy

    Agree; if you were named one of the beneficiaries of the life ins. policy, you should get your share as designated.

  4. #4

    Default Re: Can a Divorce Decree Override a Beneficiary Provision in a Life Insurance Policy

    He did create an irrevocable trust ..and she is the trustee.. and it is listed in her divorce decree... so does that make her and her children the only beneficiaries?

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Can a Divorce Decree Override a Beneficiary Provision in a Life Insurance Policy

    Based on what you posted -- if you are listed as a beneficiary on the ins. policy (seems you are saying you are), you should get your share as indicated in the policy. If the bene/benes were changed & you were "eliminated" as a bene in the policy, then that would be a different story.

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