As part of our separation agreement that became our divorce decree, my ex-husband was supposed to keep a $85,000 life insurance policy that named me as the beneficiary. It did not name a policy number or anything, it just ordered him to keep one. I never verified this with him after the divorce was finalized. He recently passed away, and when I contacted his insurance company for my money, they told me I was receiving nothing. Apparently, he changed the beneficiary on his first life insurance policy to his fiancÚ, as well as creating another life insurance policy naming her has the beneficiary after they were engaged. She is receiving two insurance policy payouts, while I get nothing. Do I have any options?
1 Answer from Attorneys
A well drafted separation agreement would have required your ex to provide proof of coverage, both at the time of the divorce and periodically thereafter. At this juncture, you will need to file a claim against his estate. There are time limits and procedural requirements for this, so it would behoove you to consult with an attorney with experience in this area.