My question involves estate proceedings in the state of: Utah
I want to help family members avoid tearing each other apart in a lengthy court battle. Here's the basic issue:
My father just passed away with very little, other than a life insurance policy (which has turned out to be sizable). When he and my step-mother divorced, part of the divorce agreement was that she would be the beneficiary for the policy. His will originally reflected this.
Just a few months before his death, he changed the beneficiary to my brother (just to spite her) with the insurance company. He also changed the will, giving my brother full control over the life insurance money and writing the step-mother out of it completely.
She thinks she has a claim to the life insurance money because of the divorce agreement. He thinks she has no claim because of the will. It looks like they're about to go to court over this. I'd prefer not to see my family ripped apart by a lengthy court battle, and hope some sort of compromise/mediation is possible.
Is this a case with a clear precedent (one supersedes the other), or is it likely to be a long and drawn out court battle? Thanks, I really appreciate any advice.
I want to help family members avoid tearing each other apart in a lengthy court battle. Here's the basic issue:
My father just passed away with very little, other than a life insurance policy (which has turned out to be sizable). When he and my step-mother divorced, part of the divorce agreement was that she would be the beneficiary for the policy. His will originally reflected this.
Just a few months before his death, he changed the beneficiary to my brother (just to spite her) with the insurance company. He also changed the will, giving my brother full control over the life insurance money and writing the step-mother out of it completely.
She thinks she has a claim to the life insurance money because of the divorce agreement. He thinks she has no claim because of the will. It looks like they're about to go to court over this. I'd prefer not to see my family ripped apart by a lengthy court battle, and hope some sort of compromise/mediation is possible.
Is this a case with a clear precedent (one supersedes the other), or is it likely to be a long and drawn out court battle? Thanks, I really appreciate any advice.
Heirs and Beneficiaries: Does a Divorce Agreement Supersede a Will (in Terms of Life-Insurance Beneficiary)
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