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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30383
Experience:  Lawyer
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My exspouse recently past was notified of beneficiary claim

Customer Question

My exspouse recently past was notified of beneficiary claim for j Hancock ts life ins .we were divorced in 1981 and in the divorce decree it states I would not be available for claim we do have two adult children from the marriage which he named irrevocable beneficiary I'm still named as beneficiary on the policy divorce was filed in pierce co Washington can u advise me what this all means
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry for your loss.

Under Washington law, your divorce automatically invalidated the beneficiary designation. RCW 11.07.010. You'd only have a right to inherit if your husband affirmed that designation after the divorce by signing a new document. That means that the proceeds of his life insurance will go to his estate. The executor of the estate will distribute the assets based on his will, if he had one, or the money will go to the children if he didn't have a will (unless he remarried, which could change things). But you unfortunately do not have any rights to inherit as the ex-spouse, even if your name is ***** ***** the designation. Whoever is settling the estate will need to get a copy of your divorce decree to access the money.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
He had remarried and my last question would be do the child have any claim
Expert:  Lucy, Esq. replied 1 year ago.

It depends on whether he left a will. If he didn't, the children are entitled to half. RCW 11.04.015. If he did, the will controls everything.