will/divorce/benificiary

What is the name of your state? GA

My ex husband and father of of my two children had a will naming me benificiary of all his estate. This will was made years before our divorce and was never changed. His new wife of four years had him, after his second stroke, name her as benificiary on his life insurance policy. She took everything and did not offer my children anything. Is there anything legaly that can be done?

joseychild said:

What is the name of your state? GA

My ex husband and father of of my two children had a will naming me benificiary of all his estate. This will was made years before our divorce and was never changed. His new wife of four years had him, after his second stroke, name her as benificiary on his life insurance policy. She took everything and did not offer my children anything. Is there anything legaly that can be done?

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The divorce paperwork (read your decree) normally removes you from the will even if he had not changed it. YOU would not have been a beneficiary but rather were removed as an heir. She is entitled to the life insurance as that passes outside of probate as may many items such as real estate. As for not offering the children anything -- the estate needed to be probated and then the probate court would decide who got what.

MANY people, when they get remarried, remove their exx spouse as the beneficiary. This is not unusual.

Was the will probated or not? If he has other assets besides the life insurance, you need to consult an attorney to find out if it would be to your benefit or not to have the will probated. You need to see what Georgia state probate law says about your status as a heir if you are an ex-wife--many states prevent an ex-wife from qualifying to inherit, unfair though that may be.

DANDY DON IN OKLAHOMA ([email protected])