London, KY asked in Divorce, Family Law and Estate Planning for Kentucky

Q: In Kentucky...Father has passed, found out he did not change his beneficiary from his x-wife (divorced > 5 years)

He has 4 biological children and 1 adopted child. The wife wants the entire 250,000 life insurance and does not want the children to have any. His oldest son has been named administrator of the estate (no will) Do we have any options to have the life insurance split evenly upon the 5 children instead of the x receiving

2 Lawyer Answers
Leland Hulbert
PREMIUM
Leland Hulbert
Answered
  • Louisville, KY
  • Licensed in Kentucky

A: You would need to see if the divorce agreement between the parties mentions the life insurance and then you will need to contact and Attorney that specializes in trust and estate litigation.

Timothy Denison and Nina Whitehurst agree with this answer

Anna Aleksander
PREMIUM
Anna Aleksander
Answered
  • Louisville, KY
  • Licensed in Kentucky

A: Unlike the terms of a will, the life insurance beneficiaries must be affirmatively removed/ changed in Kentucky and Generally the divorce does not effect the named beneficiaries however a probate lawyer should be consulted. If a divorce agreement mentions it it would be evidence of intent and maybe a probate lawyer can advise you differently.

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