Legal Question in Family Law in Michigan

Enforcing divorce agreement after death of one party

My parents were divorced 20 years ago; the agreement included a requirement that my dad maintain a small life insurance policy on himself, and that my mom be the ''irrevocable beneficiary''. Dad remarried and changed the beneficiary to his new wife, who received the insurance distribution. Can my mom sue my dad's estate to enforce the original agreement and collect the life insurance proceeds from the estate? If so, is there a statute of limitations on how long she has to do this? How would she go about doing this? If not, does she have any other recourse? (Like putting a lien on my dad and new wife's house?) Thanks for any help you can give us !


Asked on 4/22/03, 12:21 pm

1 Answer from Attorneys
Geoffrey Lahn Lahn, McDonagh, and Brown, PLLC

Re: Enforcing divorce agreement after death of one party

It would be possible to enforce the beneficiary claim against your father's estate. However, there are numberous questions that have to be asked and answered before an attorney can give you a definitive answer and whether or not to proceed and how to proceed. Personally, I would contact an attorney - if you don't already have one I would be more than happy to answer your questions regarding this matter.

Kindest Regards,

Geoff Lahn (734) 944-2269

Lahn, McDonagh, and Associates, PLLC

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Answered on 4/22/03, 12:55 pm


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