QUESTION

Can I fight the insurance payee decision of my deceased husbands policy?

Asked on May 16th, 2014 on Estate Litigation - New Jersey
More details to this question:
My husband of 15+ yrs recently passed away. In efforts to get his funeral paid for and bills handled, I contacted the ppl in charge of his pension and life insurance to find out the process of pay out. I was informed that he forgot to remove is ex wife (divorcees over 20yrs) from the policy. She plans to claim it and not help with any of his funeral arrangements. I now have to cremate my husbands against our beliefs because we just can't afford it.. Is there anyway I can contest her getting the miney? They have no under age children together and devorced after her infidelity lead to another child out of wed lock. I am more than positive he did not intend for her to have it. He was the primary bread winner in our household, even after being in a nursing home for years, his benefits took care of us.
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1 ANSWER

Adoptions Attorney serving Sparta, NJ at Laddey, Clark & Ryan
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Yes. There is case law on point and there is a good chance you have a valid claim to the insurance proceeds. I just recently successfully concluded a case with the exact same issue for a client. You should definitely contact an estate litigation attorney ASAP and file a claim notice with the insurance company before they release to money to your husbands ex-wife. Time is critical. Of you would like my assistance, contact me at bill@askinlaw.com or 973-534-5341.
Answered on May 16th, 2014 at 1:19 PM

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