Legal Question in Insurance Law in Pennsylvania

My husband died last month and I just found out he never changed the benificiary from him ex-wife to me on his life insurance, but did on everything else. Can I fight to get the money from the policy? They haven't paid anything out yet, and it is stated in the divorce decree that she gave up all benifits concerning him once they were divorced.

Asked on 5/30/12, 10:22 am

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

You should see a lawyer immediately. the insurance company doesn't want to get sued, because if they pay the proceeds to you, the ex-wife can sue them. If they pay it to her, they are concerned that you might sue them. Depending on the language of the divorce decree, your lawyer might be be able to get a declaratory judgment that you are entitled to the insurance proceeds. With a court order the insurance company would have to pay you. You need a lawyer or else you don't have a chance.

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Answered on 6/01/12, 5:33 pm

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