Legal Question in Insurance Law in New Jersey

As part of our divorce settlement, my ex was to leave our 4 children as irrevocable beneficiaries of his life insurance policy. He recently died, he named his daughter (from a previous marriage) in 1990 and never changed this, his daughter is now questioning that our children are his biological children. I have their birth certificate as proof of birth of our marriage. What are my options other than putting my children through a paternity test?

Asked on 4/01/13, 7:49 am

1 Answer from Attorneys

Michael Lindner Lindner Law LLC

I am not sure of the question, meaning what difference does it make if his other daugher thinks that your four children are not your husband's biological children? She can think what she wants, that doesn't change anything. If she is trying to get something that she wouldn't get if your children were his biological children, then it is her burden to try to prove that the children are not yours. The presumption from the birth certificate and your marriage is that the children are the biological children of your husband - you don't have to prove anything.

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Answered on 4/02/13, 12:33 pm


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