Ex-wife is life insurance proceeds beneficiary at death

[theexwife]

Jurisdiction

New York

Hi everybody. I live in the New York City. My ex-husband passed away recently. We were on good terms even though we decided to separate and get divorced. I was the named beneficiary of his life insurance. He had a child with his first wife who is objecting to my receiving the proceeds of his policy and has told me he is calling a lawyer to prevent me from receiving the proceeds. Can he do this?

 

[adjusterjack]

Do what? Call a lawyer? Sure. Everybody is capable of calling a lawyer. Not everybody is capable of paying a lawyer.

Prevent you from getting the death benefit? Unlikely.

Do you have the policy in hand? Have you obtained, completed, and sent a claim form to the insurer along with any required documents?

 

[Tax Counsel]

He of course may consult an attorney. I think your question really is can he succeed? That's something you should consult an attorney about. The specific terms of the policy as well the applicable New York law regarding the effect of divorce on life insurance contracts are important. State laws and insurance terms vary so without more information there is no way anyone here could answer that.

Even if we could, only an attorney licensed in your state will be able to give you specific legal advice. Anyone else providing specific legal advice who isn't a licensed attorney in your state commits the unauthorized practice of law, a crime in many states, and more importantly, that person may not know squat about the law that applies to your situation.

 

[zddoodah]

He had a child with his first wife who is objecting to my receiving the proceeds of his policy and has told me he is calling a lawyer to prevent me from receiving the proceeds. Can he do this?

Can he do what? Object? Of course he can. Can he call a lawyer? Of course he can. This obviously isn't the question you intended to ask. As for the question you actually intended to ask, please provide the following additional information:

You said you live in NYC. Where did your ex live at the time of his death? Did either of you change states of residence at any relevant time?

When exactly did your ex die?

When was your divorce final?

When was the policy purchased?

How much is the death benefit?

Have you contacted the insurance company and asked to have the death benefit paid to you? If not, why not? If so, when did that happen, and have you submitted all required documentation? If you submitted documentation, when did that happen?

Does your ex's son have information about the policy?