Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here the lawyer would have to try and enforce this where you were divorced.It is possible they do not file here, and if they do the worst that happens is the court would likely order you to change it.It is really not in your interest to sign, maybe they are bluffing here.And I have seen situations where the ex deceases while this is going on.
You are correct that Kansas law might protect you here but if the divorce was granted elsewhere enforcement will be there. Tell them you want $500 to sign it, the legal fees are bound to be more than that.Alternatively tell them to file here and take your chances in court.I mean you likely aren't going to win but if he doesn't get this completed and dies tomorrow you would have claim here.Or maybe he pays you $500 to sign it and go away.In that situation you can have a nice weekend at the spa on his dime .
These are your options here, never hurts to ask for $500 even if you think you will loose.The lawyer will want more than that to take it back to court.
I appreciate the chance to help you tonight.Please let me know if you have more followup.Thanks again.
If the divorce was in Kansas he could still prevail, reference..
The automatic revocation provision under Kansas law only applies to wills. This can be problematic if a deceased person listed his former spouse as beneficiary on an insurance or annuity policy during the marriage, then failed to change the designation after divorce. To address this issue, the state legislature passed a law that requires judges to include changes in beneficiary status as part of the property division aspect of the divorce and note the change in the divorce decree. This rule applies to all asset transfers that take effect upon death, including trust instruments and payable on death accounts.
Again ask for a nominal sum here $500 seems fair.
I am sorry didn't understand he was deceased.You should file your claim here , see if they pay. I don't think they will but you can certainly file a claim.Since it was awarded to the ex here by decree the other lawyer will likely prevail in a suit.Again you may want to ask for a nominal sum here from the lawyer to sign and go away instead of making a claim.
The other alternative is to make your claim and see if they pay here.You don't have much to loose here to see if they pay.
I think you can file a claim here.Kansas had a bill on this specific issue SB 292 I cannot see that it passed.If it didn't you have a valid claim.The idea is that existing law only prevented you from getting bequests under a will not on like insurance or trusts and this bill was supposed to change that.
Here is an article about it and the case law that favors you..
Yes doesn't appear it passed see legislative history and they adjourned to 2016, I think you file your claim the law is on your side here since bill didn't pass lawyer is grasping at straws.You may need a lawyer if the insurance doesn't pay to sue here.Thanks for your patience.
Since this didn't pass you can make your claim and likely they have to pay you.And you have right to sue for it here too based on the case referenced.
And you have right here to try and negotiate with them, maybe offer to split the proceeds.See if they would agree to split it.