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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33398
Experience:  Began practicing Family Law in 1992
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I got a leeter from an insurance company where my x that has

Customer Question

I got a leeter from an insurance company where my x that has deceased had worked at a school in va and had a life insurance policy with me as primary beneficiary we were married in va but divorced in nc I sent them a copy of the divorce decree and the settlement agreement but have not received any info on their decision yet and idont know wht the laws in nc are on this
Submitted: 10 months ago.
Category: Family Law
Expert:  JD 1992 replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Were you named as the beneficiary before or after the divorce?

Customer: replied 10 months ago.
Customer: replied 10 months ago.
He remarried but she passed away also
Customer: replied 10 months ago.
Expert:  JD 1992 replied 10 months ago.

Unless he "renamed" you as the beneficiary after the divorce or the divorce specifically stated you were to remain the beneficiary of the policy, then you would not be. A divorce removes a former spouse as the beneficiary of an insurance policy and thus it would now go to his "estate" and to his children, parents, etc.

If the divorce decree did state you are to remain the beneficiary then you shouldn't have any problem. If they don't pay promptly hire a local lawyer.

Customer: replied 10 months ago.
Well I've heard others tell me differnt tht NC laws are different that some have even remarried again and still got their x spouses
Expert:  JD 1992 replied 10 months ago.

It is different than some states. Some states won't allow it even if it is in the divorce decree. NC also states that if the ex spouse "re-affirms" the beneficiary designation after the divorce it allows them to collect it.

In your case they may have asked him if he wanted to leave the beneficiary designation the same, or they may have changed the policy and he left you name on there, etc. All of those would mean you still get to collect.

Expert:  JD 1992 replied 10 months ago.

There are more ways you can collect than there are that you won't collect.

Customer: replied 10 months ago.
How would I find out for sure I know he didn't change it
Customer: replied 10 months ago.
Who can I call in NC to find out
Customer: replied 10 months ago.
Do u know the laws for NC I don't want to be cheated out of something I might be eligible for
Expert:  JD 1992 replied 10 months ago.

The best way is to hire a local lawyer to get a copy of the paperwork. They will likely give it to him just for writing the letter. That will also allow the lawyer to evaluate the papers. NC is a little more difficult than most states because the answer can change based on everything I have already told you, plus whether the policy is provided entirely by the employer, by the language used, etc.

At some point you have to have a lawyer evaluate all of the paperwork unless they just tell you that they are going to give it to you, which is unlikely.

Expert:  JD 1992 replied 10 months ago.

Yes, I am familiar with the laws of NC and most other states.

Customer: replied 10 months ago.
The divorce settlement didn't mention anything about changes to the life insurance policy with me as primary beneficiary
Expert:  JD 1992 replied 10 months ago.

For instance, under the wording of one 1970s case, DeVane v. Travelers Insurance Company, 174 SE 2d 146 - NC: Court of Appeals 1970, which you can see at,34

you would likely be entitled to the money. However, there are cases since that one that state under other wording you would not.

Expert:  JD 1992 replied 10 months ago.

If the divorce decree had mentioned it then it would have been easier because it would have erased any question. However, you have to get the policy and all papers looked at now to know for sure.

Customer: replied 10 months ago.
But u don't have copy of insurance policy
Expert:  JD 1992 replied 10 months ago.

No, the only one that would have a copy of the policy would be the insurance company or wherever his papers are located. That's the issue here, NC has a lot of different possibilities.

Customer: replied 10 months ago.
Thank u
Expert:  JD 1992 replied 10 months ago.

You're very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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