life insurance

[emskip]

My husband committed suicide a month ago and his employer informed me that I have not been named beneficiary on his life insurance policy through them. We met at the end of 1996 and married in 97. His employer is telling me that the last signed beneficiary paperwork was from 1996. I believe they have lost part of his file. They have told me that they didn't have the divorce paperwork from his previous marriage, making me think that part of his file is missing. They will not tell me who is listed. Do I as his wife have any rights to this insurance in Pennsylvania, and do I have the right to know who it is listed to.

 

[ALawyer]

My condolences.

In many states all beneficiary designations in favor of a spouse are revoked by operation of law on divorce, but I do NOT know PA law. If that is the case, then absent any beneficiary designation, the proceeds would be payable to his estate, and as a spouse you have certain rights to his estate, or to elect against it, in nearly all cases. If he had kids or there were others who would also share his estate (like parents in the absence of kids), you'd share the proceeds with them.

If you have reason to believe he did change his designation in your favor, get a lawyer now. The firm may have lost the file, or they may have sent it to the insurance company issuing the group policy, or there may be a facility of payment clause in favor of a spouse built in which provides you get it, etc.