Evil stepfather contesting a Life Insurance beneficiary Indiana policy question?

[justalayman]

Han**** v. Kentucky Central Life Insurance Co., 527 N.E.2d 720 (Ind. Ct. App. 1988). Husband and Wife married in 1983. Husband then purchased several life insurance policies on his life, which named Wife as the beneficiary. Husband and Wife divorced in 1984, and Husband died in an automobile accident a month later. A dispute over the insurance proceeds followed. In its opinion, the Indiana Court of Appeals recited the well-settled law that, “n Indiana, "a divorce decree alone does not result in a change of the beneficiary named in a life insurance policy” and affirmed the trial court’s judgment in favor of Wife to receive the policies proceeds.

 

[justalayman]

Rishel v. Estate of Rishel, 781 N.E.2d 735 (Ind. Ct. App. 2003). While Husband and Wife were married, Husband named Wife as the beneficiary of his employer sponsored retirement accounts. The parties subsequently divorced, pursuant to which Husband was awarded his retirement plans free and clear of any claim by Wife. Husband never changed his beneficiary designations, and, upon Husband’s death, a dispute arose over the beneficiary. The Indiana Court of Appeals rejected the argument of Husband’s estate that the award of the accounts to Husband included a waiver by Wife of her rights as a beneficiary and, thus, awarded the accounts to Wife.

 

[avidinternet]

Thanks so much! So in Indiana those 2 cases set the precedent for this situation working in our favor then?

 

[justalayman]

There are a variety of issues that can affect the ultimate outcome. One of the most important is whether this always simply A self purchased insurance policy like you get from joe insurance agent or if it was a work provided policy. You also have the divorce decree that can play a part in it as well. Those are a couple cases that provide support for insurance policies similar to what they dealt with. If the facts vary those cases may or may not support your position in your case.