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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37027
Experience:  30 years as a family law lawyer .
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i have been told because i live in utah that because we are

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i have been told because i live in utah that because we are divorced they will void that i am the beneficiary and give the life insurance to the estate it wasnt a lawyer that told me this is was another person
Submitted: 4 years ago.
Category: Family Law
Expert:  Lady Themis replied 4 years ago.

I may have misunderstood your question originally. I think you had previously indicated that your ex-husband had changed the beneficiary designation. Did he do so following the divorce or prior to the divorce?

Customer: replied 4 years ago.
prior too but we have been divorced since 2002 and he has updated the life insurance since then like as our children have married he changes their name on the policy but he has never taken me off as beneficiary he just stated that if anything happened to me then the beneficiary became our four children.
Customer: replied 4 years ago.
Relist: Answer came too late.
Expert:  RayAnswers replied 4 years ago.
There is no law in Utah that prevents you as a divorced spouse from being benficiary of the life insurance policies.Some states have such laws but Utah does not here.If you are the named beneficiary you would be paid in the event of his death.The fact that you are divorced here does not prevent this in Utah.

Reference.


http://www.utahdivorcehotline.com/practice-areas/property-division/life-insurance/

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Customer: replied 4 years ago.
ok so in our divorce decree it states that we are suppose to leave our life insurance policy as it was under the terms at the time of the divorce when were were going through the divorce we didnt want to cash it out so the divorce decree states that our four children should be the beneficiaries but me nor my ex husband ever did the paper work to change the beneficiary from me to the kids if i die tomorrow it goes to the kids so does my divorce decree override the beneficiary form that the life insurance has or can i still collect and if so why is the insurance agent asking for a copy of my divorce decree
Expert:  RayAnswers replied 4 years ago.
No the divorce decree does not over ride the designation of beneficiary.I am not sure why the agent is asking but in Utah by law it passes here to the named beneficiary.If he doesn't change it then it goes to you.

The only way a decree comes not play her eis if he changes it to say a girlfriend and you find out you could file contempt in the court that granted the divorce.But if he dies here with you as named beneficiary you get the insurance policy.
Customer: replied 4 years ago.
can i refuse to send a copy of the divorce decree to the insurance agent
Expert:  RayAnswers replied 4 years ago.
Sure unless they can give you a better reason here for wanting it.Not sure what their basis is for asking about it.It does not have anything to do with the policy as I see it since by law he can name you as beneficiary.
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37027
Experience: 30 years as a family law lawyer .
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