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Roger, Attorney
Category: Family Law
Satisfied Customers: 31786
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My mother just passed away and had not changed my fathers

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My mother just passed away and had not changed my father's name as her beneficiary on her life insurance policy here in North Carolina. Her policy is through state farm. She and my father have been divorced for about ten years and I am her only child. I am unsure of the reason behind this, but can only assume either she didn't know she hadn't changed it, or didn't anticipate her dying at such a young age... Either way, she would not have wanted my father to receive this money. They had not been in contact with one another for many years. Is there any loophole or way to prove to the insurance company that I should receive this money? I am taking care of her final arrangements and her remaining debts... without this money I will be incurring a huge cost. Any help is greatly appreciated. Thank you so much.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.


If they were divorced at the time of her death, the father's designation as beneficiary is void as a matter of law. This is so because the dissolution of the marriage cancels any future benefit or bequest from a former spouse.


In this case, the money would go to her next of kin - which would be her children.

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