Can An Ex-Spouse Receive Life Insurance Policy Benefits if Disinherited in the Will?

A life insurance policy is typically a transfer on death asset that passes outside the probate estate that is governed by the will. As a transfer on death asset, it is generally unaffected by the will or the intentions expressed in the will. Certain assets are not included as part of a person’s estate and may pass outside of probate, such as trust assets and transfer on death accounts or property owned by joint tenants which passes under a right of survivorship when one tenant dies.

Often, when people divorce, they neglect to change beneficiaries on policies. Even if it was a matter of neglect to change beneficiaries on the father’s part, a neglect in changing the intended beneficiary on a policy won’t deny the beneficiary’s right to receive benefits.


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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.