QUESTION
My parents are divorced. My father remarried, he cancelled the life insurance policy my mother was to remain beneficiary on shortly after the divorce
Asked on Nov 28th, 2014 on Divorce - Massachusetts
More details to this question:
he is very ill, she doesn't want to jeopardize his health further, so, if she waits until he dies does she have any right to the equivalent amount of the life insurance policy agreed upon in the divorce decree, and can she get the money from his estate, which will go to his new wife.
1 ANSWER
It is recommended that the issue to be address now. While it possible there may be avenue to enforced after death, there is no guarantee that your mother will be successful or that the estate will have funds to pay. Even if your mother can collect after his death, the cost to sue will be significantly greater. See blog article: http://nashualaw.blogspot.com/search?q=constructive+trust
Answered on Nov 28th, 2014 at 8:56 AM