by sadonald » Fri Aug 07, 2015 11:53 pm
My question is still the same but I neglected to give the Cal Probate Section for the subsection I need clarified. I went to section 5600-5604 & found exactly would you told me. However, my attorney, is basing his decision on the subsection under B (e) that says there is an exception for a provision in Life Insurance & many other the commentators on line seem to agree with his interpretation. "Life Insurance in California, although considered a non-probate asset, is not subject to revocation upon divorce to the ex-spouse." Could you elaborate please? My court appearance (Federal) is scheduled for between 30 & 60 days & this answer will be crucial to my son's estate getting the funds rather that the ex-wife who basically caused his suicide.
Thank you again, Susan Donald, EA, MBA
Thank you again, Susan Donald, EA, MBA
Posted: Sun Aug 16, 2015 03:53 am Post Subject:
I stand by my earlier post which stated that at the time of a divorce, an ex-spouse is immediately revoked under California law as a life insurance beneficiary on his/her former spouse's policy. The exceptions to this are policies governed under federal law, including Servicemembers' Group Life, Veterans' Group Life, National Service Life, Federal Employees' Group Life, and any other policy governed under ERISA as a welfare benefit plan, subject to that plan's Summary Plan Document discussion of life insurance beneficiary (which usually states something like "according to the most recently filed beneficiary designation")
If you would like to read more on this, I recommend the article here: http://familylawyermagazine.com/articles/beneficiary-designations
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