Can my mother claim my father's life insurance despite his will?

Full question:

My father and mother have been divorced 30 years, he had my mother on life insurance policy, which he told me she was not to receive anything, my father spoke with attorney before he died and had everything go to his five children evenly. The insurance company contacted my mother and told her she was the beneficary -I told my siblings the will should be what his final wishes are, now my sibings and my mother are not speaking with me, and are treating me like a black sheep. My sisters are saying her really wanted her to have that but I know it is not true,. My mother carried on an affair and has been remarried.

• Category: Wills and Estates
• Date: 04/07/2025
• State: New York

Answer:

A life insurance policy usually passes outside of probate and is not governed by a will. This means that the named beneficiary on the policy receives the benefits regardless of what the will states. If your father did not change the beneficiary after the divorce, your mother remains the beneficiary by default. Even if your father intended for his assets to go to his children, the insurance policy's beneficiary designation takes precedence.

In cases like this, neglecting to update the beneficiary does not invalidate the beneficiary's right to receive the insurance proceeds. Therefore, your mother may legally claim the benefits from the policy.