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ex-wife as beneficiary

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spencer douglas

Junior Member
What is the name of your state? Kentucky, My question is my dad just passed away from cancer and we have unpaid medical bills and the house is unpaid.He has a life insurance policy of $100,000 he has been divorced from my mom for 18 years. In his will it was stated me and my brother split everything in half. But my mom is still listed as beneficiary.She is remarried with different last name.Is there something that we can do for this matter in order to get the claim ?
 


spencer douglas

Junior Member
It is stated as her name on the policy.He never remarried but she did.What if i may ask would be different if it stated "wife" on the policy ?
 

BelizeBreeze

Senior Member
You might have been able to make a case that there IS no 'wife' if she had not been named on the policy. But not after your reply and after my research.

Basically, unless the property settlement in the divorce specifically states the ex gives up all rights to the insurance policy, she gets it, according to Hughes v. Scholl, 900 S.W.2d 606 (Ky. 1995) and Ping v. Denton , 562 S.W.2d 314 (Ky. 1978),

In Hughes, Kentucky's Supreme Court declined to retreat from Ping and held that the rights of an insurance policy beneficiary, including the right to receive the policy's proceeds upon the insured's death, are not affected by the mere fact of a divorce between the beneficiary and the insured.

It hastened to add, however, that its holding did not limit the power of divorcing parties to provide for termination of either spouse's beneficiary expectancy in a property settlement agreement. Trial courts are likewise free to include specific provisions in a divorce decree divesting one spouse's interests in the other's insurance policy proceeds.

The divestiture language should be clear and specific, the court warned, because a general waiver of any interest in the property of the other spouse is insufficient to destroy a beneficiary's right to receive insurance policy proceeds.
 

spencer douglas

Junior Member
Thank you for your information on that.So she would be able to exhault the benefits in this screwed up circumstance?But could we contest this matter in court and have a chance there?
 

BelizeBreeze

Senior Member
spencer douglas said:
Thank you for your information on that.So she would be able to exhault the benefits in this screwed up circumstance?But could we contest this matter in court and have a chance there?
Have an attorney review the divorce decree. Otherwise, court is a waste of time. I gave you the Kentucky Supreme Court opinion.

Unless you have more than the Life Insurance policy will award to throw away going to the U.S. Supreme Court, it's going to be a lost cause.
 

spencer douglas

Junior Member
Thank you once again.The divorce decree states that he would recieve the policy on his life insurance and she would recieve the policy on hers because he had one took out on her.But no other information in the decree.
 

BelizeBreeze

Senior Member
spencer douglas said:
Thank you once again.The divorce decree states that he would recieve the policy on his life insurance and she would recieve the policy on hers because he had one took out on her.But no other information in the decree.
Then you need to take the divorce decree to an attorney and have the attorney contact the insurance company in the estate's behalf. You may still have options.
 

spencer douglas

Junior Member
I would like to Thank You for your help on my questions. It looks like it is time for a lawyer to step in. Although i did notice on the policy that the company has a error on her middle intial G instead of J would that make a difference at all? And wanted to say Thank You once again.
 

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