Legal Question in Wills and Trusts in New Jersey

My girlfriend has been married to her husband for over 15 years. He forgot to update his benefit records for his life insurance and pention plan from his exwife's name to his new wife. Does the ex-wife have a claim on the funds? He does have a grown daughter with the exwife. Will the policies default to the new wife? He just died. We do not see a will for him either.


Asked on 8/10/10, 8:20 am

3 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Life insurance usually is paid to the named beneficiary. If he forgot to change records for insurance and pension, the person who was named as the beneficiary will receive the proceeds.

When there is no will, and there is a child from another marriage, and there is a surviving wife, the estate will be divided between the two of them. Of course, first the estate must be administered and all debts paid before any assets may be distributed to the heirs.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/15/10, 12:58 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

I disagree with the previous poster. Under NJ law [NJSA 3B:3-14] if the divorce was final, and the insurance was not part of the property settlement [it may have been] then by operation of law, the divorce revokes the ex-wife as beneficiary of the insurance policy.

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Answered on 8/16/10, 6:36 am
Robert Davies The Davies Law Firm, P.A.

You have answers from two attorneys already. You can see that the lawyers don't agree. I will make it simple: your girlfriend has a HUGE problem, and needs to get a lawyer to help her right away. This is huge. Please, have her call me. I have done this kind of work for years.

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Answered on 8/16/10, 7:46 am


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