Can anything be done?

[cotp_robin]

What is the name of your state (only U.S. law)? TX

I have no idea if anything can be done, but I have to at least ask. Hopefully this doesn't get too confusing.
My husband's father passed away this past week. It looks like not much was done as far as a will and his life insurance was not the way we know he probably wanted it. Turns out that his ex-wife is the beneficiary on this life-insurance. They divorced like 20 years ago and it was a horrible situation. His family wants nothing to do with this lady and they know that my father-in-law would not have wanted her to have the money. I realize that it is his responsibility to have changed that, but he also had a mental illness and Im not sure if he knew it was still open/active or whatever. Is there anything we can do to prevent this lady from getting the proceeds? I heard once that if you can prove the mental illness and have a divorce paper something could be done about it? Im having a hard time finding details. My husbands father even took this lady's son to court for assault. His ex-wife took her sons side, but the judge took my husbands fathers side. They have papers for this as well. Any insight or help would be greatly appreciated. Thanks.

 

[TheGeekess]

No way to fight the beneficiary of a life insurance policy.

 

[Betty]

No way to fight the beneficiary of a life insurance policy.

I might mention that in the state of Tx. which the original poster mentions --

In Texas (per Tx. law) after divorce, the designation naming the ex-spouse as beneficiary is no longer effective. If there is a contingent bene - the proceeds will be paid to that person. If no contingent was named, the insurance proceeds are payable to the estate of the deceased and will be distributed according to the will or the state statutory intestacy rules - depends on whether or not there is a will.

If someone did want the ex-spouse to receive the insurance proceeds upon their death, they needed to specify this in the divorce decree or re-designated the ex-spouse as beneficiary after the divorce is final.

Texas Family Code 9.301

 

[cotp_robin]

That is interesting about the TX law thing. Do you know anything about PA? I guess I put TX down as that is where we live, but my father-in-law lived in PA. Not sure if that means anything or changes. Im not familiar with any of the laws (TX or PA).
Thanks. We honestly all rather a stranger get the money than this woman. He had no will or anything. I realize that it was his fault/problem that he didnt change it, but like I said. He had a mental illness and spent some time in a hospital for it (many years ago). His estate etc will go to my husband after probate and all, but most of that will go to cover just the funeral expenses and legal fees.
Thanks again.

 

[anteater]

PA Title 20:

§ 6111.2. Effect of divorce or pending divorce on designation of beneficiaries.
(a) Applicability.--This section is applicable if an individual:

(1) is domiciled in this Commonwealth;

(2) designates the individual's spouse as beneficiary of the individual's life insurance policy, annuity contract, pension or profit-sharing plan or other contractual arrangement providing for payments to the spouse; and

(3) either:
(i) at the time of the individual's death is divorced from the spouse; or
(ii) dies during the course of divorce proceedings, no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 (relating to decree of court) and grounds have been established as provided in 23 Pa.C.S. § 3323(g).

(b) General rule.--Any designation described in subsection (a)(2) in favor of the individual's spouse or former spouse that was revocable by the individual at the individual's death shall become ineffective for all purposes and shall be construed as if the spouse or former spouse had predeceased the individual, unless it appears the designation was intended to survive the divorce based on:

(1) the wording of the designation;
(2) a court order;
(3) a written contract between the individual and the spouse or former spouse; or
(4) a designation of a former spouse as a beneficiary after the divorce decree has been issued.

 

[Betty]

Agree - same info as in my life ins. law book copyright 2011.

 

[cotp_robin]

Thank you. This helps SO much. It at least gives us us a place to start and know there might be something. We will call a lawyer on Monday to see if we can do this. Its nice to be pointed to this exact spot in the law or we would have no idea what is what.
Thanks.

 

[Betty]

You're welcome.