The insurer has a contractual obligation to honor the beneficiary form. If the deceased spouse changes the beneficiary designated on the Certification of Insurance to another person then the court could employ its arsensal of equitable remedies to retrieve funds. Similarly, once a Complaint for Divorce is filed, and one party dies, the court can employ its equitable remedies.
"During pendency of divorce proceedings initiated by wife, estranged husband died and left entire estate to children by former marriage. The Superior Court, Chancery Division, Family Part, Middlesex County, determined that wife was not entitled to relief under equitable distribution statute nor was she entitled to elective share, but permitted wife to raise equitable claim and wife appealed. The Superior Court, Appellate Division, 229 N.J.Super. 370, 551 A.2d 989, affirmed. Estate of husband petitioned for certification, which was granted. The Supreme Court, Handler, J., held that: (1) wife was not entitled to equitable distribution of marital assets under divorce statute, as pending divorce was required, and husband's death had terminated divorce proceedings; (2) wife was not entitled to election under probate code, as she was excluded by virtue of living apart from husband during pendency of divorce proceeding at time of his death; and (3) nevertheless if warranted by evidence equitable remedy of constructive trust, utilizing principles of quasi-contract, could be invoked to provide for equitable distribution of marital assets to wife. "
Carr v. Carr, 120 N.J. 336, 576 A.2d 872 (1990)
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Barbara Cowen Esq.
Hackensack NJ
(201)525-0025
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Original Message:
Sent: 07-02-2013 15:37
From: Robert Goldstein
Subject: Life insurance proceeds if owner dies pendente lite
Paul:
But that is different than a life insurance beneficiary, especially in NJ where the insured is not permitted to change beneficiaries without a court order.
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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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Original Message:
Sent: 07-02-2013 14:38
From: Paul Kostro
Subject: Life insurance proceeds if owner dies pendente lite
I BELIEVE that once a Complaint has been filed, the spouse cannot inherit; BUT, I do NOT have a citation.
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Paul Kostro
726 West Saint Georges Avenue
Linden NJ 07036
(908)486-2200
[email protected]
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Original Message:
Sent: 07-02-2013 14:24
From: Andrew Economos
Subject: Life insurance proceeds if owner dies pendente lite
With the exception of the esteemed Mr. Goldstein, this message board is eerily silent. I was hoping one of us would have come across this issue in the past. Im getting conflicting info whether the wife will get the insurance proceeds or not. Anyone else have any ideas? Thanks
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Andrew Economos Esq.
Iselin NJ
(609)655-8887
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Original Message:
Sent: 07-02-2013 12:54
From: Robert Goldstein
Subject: Life insurance proceeds if owner dies pendente lite
Hi, Andy:
Yes, that's my understanding.
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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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Original Message:
Sent: 07-02-2013 12:36
From: Andrew Economos
Subject: Life insurance proceeds if owner dies pendente lite
Before I spend time and money researching...Im sure someone out there has the quick and easy answer to this one. Husband lists his wife as beneficiary of his life insuracne policy. Complaint for Divorce is filed, litigation is ongoing, and Husband dies, without ever changing the beneficiary. Does wife get the proceeds since she is still listed by name as the beneficiary of his life insurance? Thanks again for the anticipated answers.
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Andrew Economos Esq.
Iselin NJ
(609)655-8887
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