Annapolis, MD asked in Estate Planning for Michigan

Q: My father passed recently. He named me, his daughter, as beneficiary for his life insurance policy back in 2014.

He had to get his life insurance papework notarized due to state of Michigan retirement/pension rules, which he did, and then sent it in to be filed. In 2021, he remarried and went through the state of Michigan online system and put his new wife down as the beneficiary. He did not go through a notary, he just simply typed in her name, ssn, and birthday. I am now wondering as to who the true beneficiary is of his life insurance policy? Thank you!

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Likely the new wife. There seems to be some evidence that is his latest intent. Failing a proper beneficiary could subject it to probate, to which the new wife would be entitled to her spouse elective share.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.