I am divorced. My ex husband (deceased) left me an insurance policy. I was just informed by the insurance company that they paid the insurance out to his present wife. Is this legal. We live in the state of NJ.
If he changed the beneficiary to the present spouse, then they paid out correctly. If the insurance policy was part of your divorce agreement or a court order and he changed the beneficiary contrary to that agreement, you might be able to claim against his estate.
I agree with attorney Ryan if the marriage settlement agreement addresses that particular policy then you'd have a case. If so go see an attorney and use Avvo to find one in your area. However, if the policy isn't mentioned and he changed the beneficiary you're out of luck.
Don't listen to any other answers. A life insurance attorney would need to know 7 questions in order to see if you can get the money.
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