life insurance policy

[nkrett]

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

Georgia

My ex-husband passed away last month. I was the beneficiary of a life insurance policy he had. First question..does our divorce effect the beneficiary?
Next question...on the form from Met Life it asks my relationship to the deceased. Since I am no longer his spouse and their is a Other option with an explanation needed, what should I fill out?

Thanks

 

[Dandy Don]

Did the insurance company send you this form to fill out?
Did your ex-husband remarry?

You would be smart to talk to an attorney who specializes in probate matters or insurance company disputes so that he can look at Georgia state law to find out if there is any Georgia law that would disqualify you from being a beneficiary due to your divorce. Most states to disqualify exes.

The "OTHER" box most likely refers to partners who are not legally married to the decedent, so you should not check that box.

Get legal advice before you turn the form in, although things do seem to be in favor if he did not remarry.

 

[justalayman]

Most states to disqualify exes.

.

You have some support for that Don?

Heck, many states have divorce situations where a person is explicitly required to maintain a life insurance policy on themselves with the former spouse as bene. There are myriad reasons why they would but none I can think of that would make sense to disqualify a former spouse as a bene.

 

[Betty]

Agree with justalayman. The ins. co. I worked for paid out many claims with the ex-wife as bene. If the insured was owner of the policy & he remarried & wanted new wife bene, he should have sent in a change of bene form. (unless the divorcee decree required the ins. on the ex)

 

[ShyCat]

As I understand it, some states do have laws that remove ex-spouses as beneficiaries of existing policies unless that designation is re-confirmed after the divorce, but nothing prevents a new policy from being written with an ex-spouse as beneficiary.

 

[justalayman]

I understand New Jersey has actual statutory control of this situation and if this were in NJ, then the ex would not be the bene.

I could find no such control for a divorce in Georgia.


I simply wanted Don to support the "most states" because I do not believe it is the case in "most states". While it is clear it is so in at least one state, one is far from the required 26 to be able to make the claim that:

Most states to disqualify exes.

Don's statements could be read to even disallow an ex from being a bene in any situation, which is simply not true.

 

[Betty]

The co. I worked for always paid the proceeds to the ex unless a change of bene form was submitted changing the bene. It was even a part of the policy provisions that this would be the case.