Legal Question in Wills and Trusts in New Jersey

I have a brother who passed away recently and did not have a will. Him and his wife are separated but not divorced and they have twin boys. My brother used to work at a life insurance company and they gave him a $1 million dollar life insurance policy. He had named his two children as beneficiaries. He was then diagnosed with cancer and fell very ill but a month before he past my parents urged him to name them as beneficiaries so he named them as beneficiaries and not his children. Who has right to claim the insurance policy and on what grounds? Would I be able to contest this in court?


Asked on 5/03/10, 5:40 pm

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Assuming there was no fraud or other grounds to contest the beneficiary change, the policy proceeds belong to his parents. The insurance company is going to pay the policy proceeds to the named beneficiaries...they are required to do so. I don't see how you [as his sister] would have standing to contest anything in court or otherwise...you are not an heir at law nor are you a beneficiary of the insurance policy.

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Answered on 5/12/10, 6:13 am


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