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My question involves my father's will which was written in…

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My question involves my...

My question involves my father's will which was written in Iowa and his estate that is currently in probate. My father lived in Iowa and I currently live in Wisconsin. The way my father's will is set up both myself and my brother are the executors of the will. My father had 3 life insurance policies of significant amounts and the beneficiaries are my brother and his wife and myself along with my ex-wife. In his life insurance policy, all four listed are called out by name and not just using son, wife, etc. My father's life insurance policies have been around for a long time and he didn't get the beneficiaries changed after my divorce in 2013. My father's estate lawyer is saying that due to how the beneficiaries are wrote up, my ex will get quite a share. Does this hold true?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

It is in Iowa

Lawyer's Assistant: What documents or supporting evidence do you have?

I have my court decree from the Iowa court system

Submitted: 10 months ago.Category: Estate Law
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Answered in 6 minutes by:
9/26/2017
Estate Lawyer: Expert James, Attorney replied 10 months ago
Expert James
Expert James, Attorney
Category: Estate Law
Satisfied Customers: 13,558
Experience: Experiences in wills, trusts, and estates law.
Verified

Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

Your answer is below. But first, I need to emphasize that I am not a court officer, a legislator who makes the laws, or a judge. I do not make any decisions about your case. I am only here to provide you with information about the situation. So please do not hold negative or bad news against me. I am just a messenger.

When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

QUESTION: My father's estate lawyer is saying that due to how the beneficiaries are wrote up, my ex will get quite a share. Does this hold true?

ANSWER: First, let me say that I a really sorry about your loss and the situation you find yourselves in as a family. This must be very frustrating.

Unfortunately, yes, his lawyer is right. A policy-holder can name anyone he wants to name as a beneficiary on the policy. Her status as a beneficiary is legally independent of your legal relationship.

So unless the policy-holder changes it, or fraud, duress, undue influence can be proved, the named beneficiary will continue as such, irrespective of what has transpired (even your divorce) since it was set up.

I'm very sorry about that.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

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Estate Lawyer: Expert James, Attorney replied 10 months ago

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Do you need more help? Please respond so that I know what to do next.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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