Legal Question in Wills and Trusts in New Jersey

Hello- This question is about njsa 3b:3-14 3B:3-14 - Revocation of probate and non-probate transfers by divorce or annulment.

The facts are as follows: Our mother recently died. My sister and myself are named as her life insurance beneficiaries. Our parents were divorced in 1991. Our father died in 2011. I believe that there is a need to only present the death certificate of our father, as his death, after their divorce, automatically makes the need for revocation irrelevant. Is this true? Thank you.


Asked on 7/24/16, 9:26 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

I'm sorry for your loss.

What does your parents' divorce and the statute have to do with your mother's life insurance proceeds? Life insurance is not part of the estate of a deceased, so long as it has named beneficiaries, which you say it does. It is regarded as a separate contract. All you need is your mother's death certificate to collect the proceeds of your mother's life insurance.

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 7/25/16, 10:33 am


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