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EX WIFE, MY EX HUSBAND IS DECEASED AND LEFT ME SOLE

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I AM THE EX WIFE...
I AM THE EX WIFE, MY EX HUSBAND IS DECEASED AND LEFT ME SOLE BENEFICARY TO A LIFE INSURANCE FOR MYSELF AND OUR 2 CHILDREN. HE HAD 2 CHILDREN FROM A PREVIOUS MARRIAGE AND THEY ARE APPEALING THE LIFE INSURANCE AND THE INSURANCE COMPANY TELL ME I MUST WAIT ANOTHER 30 DAYS TO BE PAID. MY EX HUSBAND PASSED AWAY DECEMBER 18 2015 AND GAVE THEM SPECIFIC THINGS IN HIS WILL. THEY WANT ME TO TURN EVERYTHING OVER TO THEM FOR DISTRIBUTION. CAN YOU ADVISE ME AS TO WHAT I SHOULD DO WITH THEM AND THE INSURANCE COMPANY?
Submitted: 2 years ago.Category: Estate Law
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Answered in 30 minutes by:
2/25/2016
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Christopher B, Esq
Category: Estate Law
Satisfied Customers: 3,020
Experience: Litigation Attorney with education focus on estate planning and tax
Verified

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

An insurance policy is not subject to probate and thus a will. The policy is controlled by the named beneficiaries that were provided by your ex husband. But being an ex husband has implications as well. South Carolina lawmakers enactes South Carolina Code § 62-2-507. This portion of South Carolina’s Probate Code addresses revocation by divorce, and it clearly states that a divorce or annulment in South Carolina revokes any “beneficiary designation made by a divorced individual to the divorced individual’s former spouse in a governing instrument…” In other words, in South Carolina, once you’ve divorced your spouse, all beneficiary designations made to the former spouse are automatically revoked. So unless your ex husband got this policy after your divorce or through some writing, reinstated this insurance designation (this would be a high burden to overcome), most likely you wiLloyd not be considered a beneficiary and the two children will receive the proceeds of the policy unfortunately. I know this is not the outcome you wanted, but I have a duty to give you correct information

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Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago

Just checking back in, do you have any further questions?

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Category: Estate Law
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