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Question
I'm an Ohio resident. I've been divorced for nine years. My ex-husband named me beneficiary in his life insurance. The judge directed us to change our beneficiaries if we chose. He died in August. The insurance company refuses to award me the money. They claim that Ohio law states that since we are divorced they have to treat it as if I died first and the money goes into the estate. I have no right to it. Is this correct?
Submitted: 366 days and 7 hours ago.
Category: Estate Law
Value: $15
Status: CLOSED
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Optional Information
Youngstown, Ohio
Accepted Answer
In the event of a divorce, any bequests from one ex-spouse to the other is void as a matter of law. This is so because the law presumes that the ex's do not intend to leave the other anything. The only way to get around this is if he re-affirmed you as the beneficiary with the insurance company after the divorce. If this did not happen, which I assume is the case, you can't collect.
Expert:
Adam Kirk
Pos. Feedback:
100.0 %
Accepts:
Answered:
11/21/2008
Attorney
Wills & Estates Litigation Attorney
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