by Guest » Mon Jul 13, 2015 07:17 pm
My son's ex-wife has notified the Insurance companies in regard to the Life Insurance policies that her name is still on. The new MSA was final in November of 2014 & she consented to having her name removed on all his Life insurance polices, prior to him committing suicide on December of 2014.
I have an attorney (mother of Will) & we are contesting her standing as an Interpleader in Federal count in the next few month's. My attorney says that the guidelines in Cal under 2-804 do not allow for Life Insurance as a non-probate asset to exclude his ex-wife upon my son's death?
Please respond. I have researched this to death & always stumble when I see under the Cal Probate Code 2-804 subsection (e).
Thank you so much.....Susan Donald, EA, MBA
I have an attorney (mother of Will) & we are contesting her standing as an Interpleader in Federal count in the next few month's. My attorney says that the guidelines in Cal under 2-804 do not allow for Life Insurance as a non-probate asset to exclude his ex-wife upon my son's death?
Please respond. I have researched this to death & always stumble when I see under the Cal Probate Code 2-804 subsection (e).
Thank you so much.....Susan Donald, EA, MBA
Posted: Sat Jul 18, 2015 04:11 am Post Subject:
Your attorney should know that the CA Probate Code Sections 5600-5604, for more than ten years now, serve to automatically revoke a spouse as beneficiary of a life insurance policy on his/her former marriage partner the instant a divorce is final, UNLESS the final order requires the former spouse to continue as the beneficiary, which almost never happens.
To remain the beneficiary normally requires the policyowner to rename an ex-spouse as the beneficiary following the divorce.
The section number you cite above is from the Uniform Probate Code, which has never been adopted in full form in CA.
Read more here: http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=5.&title=&part=4.&chapter=&article=rrrrr
You may need a different attorney,
Posted: Thu Aug 06, 2015 11:53 pm Post Subject: revocation upon divorce
Thank you Max for answering my question. However, I still have a problem with my attorney insisting that subsection (e) serves to eliminate Life Insurance policies. I don't understand the meaning of (e) but perhaps you could elaborate on what it actually means with respect to Life Insurance.
I appreciate you help greatly
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