Legal Question in Wills and Trusts in New York

My husband had an employer provider spousal support life insurance policy which he forgot about. He unfortunately, forgot to change the beneficiary from his ex-wife to me. He passed away a month ago. We live in New York State which holds a statute that revokes her rights to life insurance after the divorce. She also revoked her right to any life insurance or employee benefit plan in a clause in their divorce. Does she have a right to this money?

Asked on 6/27/12, 2:03 pm

David Slater David P. Slater, Esq.

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If the information you give is correct, no. You will need an attorney to contact the insurance company.

Answered on 6/27/12, 2:57 pm

Arnold Nager Arnold H. Nager, Esquire

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Would need to read the clause in the divorce decree in order to offer an informed opinion.

If the clause is inoperative, the money is hers.

Answered on 6/27/12, 2:57 pm

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