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!

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1 Lawyer Answer

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.

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