Am I entitled to life Insurance money if I'm still designated as beneficiary on my deceased ex-husband's policy?
Question Details: In separation agreement, I agreed to relinquish any rights as beneficiary of my ex's life insurance policy; they have since passed away without having changed this beneficiary designation. This means that I am still listed. Am I entitled to keep the money? He never remarried but does have a child.
The general rue in most states is that in the case of a divorce where an ex-spouse is still listed on an insurance policy as the beneficiary, the contingent beneficiary listed is paid the proceeds. If no contingent beneficiary is designated then the proceeds are paid into the probate estate and distributed accordingly. My research suggests that NC holds this view. At this point, in order to confirm you can contact an NC attorney.
Right now you need to check on this with an attorney in your area; they will be able to advise you as to specific state law.