Legal Question in Insurance Law in Indiana

If a person dies suddenly; been divorced for few months; filed for divorce 9 months ago but forgot to turn in divorce papers to take spouse off life insurance policy. is that spouse still able to receive those benefits or would it go the second beneficiary? If the divorce degree states that the deceased individual shall have their individual property ie bank accounts, mutual funds or investments held in their individual name and not specifically awarded to wife

Asked on 3/20/18, 10:09 am

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

It doesn’t matter what the divorce decree said. The insurance policy is a contract between the holder and the insurance company by which a named beneficiary is determined. If the ex spouse is still a beneficiary, she gets the policy proceeds. That’s a house keeping item that often gets overlooked in a divorce.

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Answered on 3/20/18, 5:49 pm

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