Can an Ex-Wife claim part of her ex-husband's estate, if he's remarried?

Question

My dad is in the final stages of brain cancer. My hubby is worried that my mom, who's a b1+¢h, will try to contest the will and make a claim on the insurance. I want to make sure my step-mom(whom I love) will not have to fret about her. The two of them have been married for 21 years. There's a lot of insurance money involved, and my step-mom deserves every dime of that money.

Any ideas???

Answer 1

I am sorry for your loss. Even though Dad is still breathing, brain cancer (especially grade IV astrocytoma) is daunting for the patient and the family. You should have nothing to worry about beyond the impending decease.

One would need to know what state you're in to be sure. Here are some general guides:

Insurance: make sure the beneficiaries of the policies are the right people, and make sure you have signed paperwork from the insurer that confirms this. Nobody, not even the IRS, can get between the proceeds of a life insurance policy and the beneficiary.

Will: as a general rule, in order to bust a will (in New York, it's called "election against the will") the spouse has to be married and living with the decedent at the time of death. Make sure you have a certified copy of the divorce decree, that should be enough.

Make sure that Dad's will begins with the formula "revoking all prior wills and codicils made by me" in case ex-Mom tries to produce an older will and claim that Dad was insane when he made his new will.

Answer 2

Your hubby is a worrier.

Exes don't appear under any state's Intestacy Laws that I'm familiar with, and most states have provisions that a Divorce voids any provision in a Will relating to the Ex.

Because of this, she would have no standing to even be heard by the Probate Court in a will contest, because even if she were to win, it would not change the result as to her.

Oh, on the insurance specifically: that will be paid to whoever is the Beneficiary. Might want to have Dad check to see who that is. If it is "to my wife" and is from 25 years ago, that means the CURRENT wife anyway. Just see what it says.

Answer 3

While the ex can indeed contest the payment of insurance premiums and such cases can go on for years, and although the language "To my Wife" is good as far as it goes, there is no foolproof way to stop the ex from filing suit to recover.

ESPECIALLY under the designated "To my Wife" clause which, interpreted under the plain meaning of the words, means to the wife which existed at the time of the making of the instrument.

Tell dad to clear this up now by replacing any non-specific designation with "Beneficiary: FIrstName, middle Initial last name and social security number"

Contingent beneficiary: Whomeever.

Be very specific with names and ssns. In this case, while the ex can still contest, payment of benefits must be made upon the terms of the policy and the suit can proceed after payment is made.

And in this case, she will lose.

Answer 4

Ex means Ex for all purposes. Insurance goes to the designated beneficiary, period. So does his estate subject to two exceeptions: If there was some continuing obligation from a divorce agreement that was unpaid or that was expressly made an obligation of the estate if unpaid. They could constitute a claim against the estate; not the insurance.

Answer 5

Insurance money goes to whomever the insured has named as beneficiary. If your father has not changed beneficiaries on his life insurance, then he should do so now. If he does not do so before he becomes incapacitated he will be unable to do so. As for inheriting, property held jointly with right of survivorship does not pass through the estate. Both names should be on the house and any bank accounts to protect the current wife.

If your father is still able, now would be the time to review all of these items with a competent estate planning attorney.

Answer 6

This is what Pennsylvania law says about divorce -- basically a divorce takes the ex-wife out of the picture as a beneficiary:

§ 6111.1. Modification by divorce.

If the conveyor is divorced from the bonds of matrimony after making a conveyance, any provision in the conveyance which was revocable by him at the time of his death and which was to take effect at or after his death in favor of or relating to his spouse so divorced shall thereby become ineffective for all purposes unless it appears in the governing instrument that the provision was intended to survive the divorce.


§ 6111.2. Effect of divorce on designation of beneficiaries.

If a person domiciled in this Commonwealth at the time of his death is divorced from the bonds of matrimony after designating his spouse as beneficiary of a life insurance policy, annuity contract, pension or profit-sharing plan or other contractual arrangement providing for payments to his spouse, any designation in favor of his former spouse which was revocable by him after the divorce shall become ineffective for all purposes and shall be construed as if such former spouse had predeceased him unless it appears from the wording of the designation, a court order or a written contract between the person and such former spouse that the designation was intended to survive the divorce. Unless restrained by court order, no insurance company, pension or profit-sharing plan trustee or other obligor shall be liable for making payments to a former spouse which would have been proper in the absence of this section. Any former spouse to whom payment is made shall be answerable to anyone prejudiced by the payment.

I can't answer for what the law is in your father's state of residence. Contact your attorney.

Answer 7

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Answer 8

The will needs to go to the lawyer and checked to make sure that it will survive your fathers passing. I am sorry for his illness and you need to simply ensure that your fathers wishes are protected, this requires a lawyer.

The Doctor hires a carpenter to frame his house. Your family needs to hire a lawyer to build sturdy and tall walls to protect them in this matter. good luck.

Answer 9

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