Legal Question in Insurance Law in California

Assuming all the facts assumed here can be proven true, the ex-husband probably can collect on the policy. The ultimate answer may well depend on state law, as you suggest. The policy probably has a clause stating which state law applies; it might also establish the venue where suit would have to be brought. Otherwise it is probably determined by where the ex-wife lived when she died.

Depending on the size of the policy, you might be able to locate an attorney to take the case on a contingency fee basis. Please contact my office if you would like me to review the policy for you.

I don't believe the divorce itself has any effect on the policy beneficiary designation, absent specific language to the contrary therein. But any divorce settlement or other judgment would have an effect it the subject were dealt with. A review of these documents is critical, as is the policy and beneficiary designation form. California law should apply particularly since New Mexico, like California, is also a community property state.