Hemenway & Barnes litigation attorney, Donna A. Mizrahi, was quoted in a Massachusetts Lawyers Weekly article “Email exchange doesn’t divest ex-girlfriend as life insurance beneficiary” on May 29, 2021. Donna told MLW that, “the case highlights the importance of having an up-to-date estate plan, including updated beneficiary designations with respect to non-probate assets.”
The recent decision by Chief Judge F. Dennis Saylor IV in McCormick v. Lischynsky ruled that an ex-girlfriend, as named beneficiary, was entitled to the proceeds from her ex-boyfriend’s life insurance policy. Judge Saylor also ruled that the ex-girlfriend was not entitled to funds in their joint credit union account based on an email exchange between the couple detailing the financial terms of their separation.
Donna was quoted in the article saying, “The plaintiff in this case contends that her son forgot his ex-girlfriend was a named beneficiary on a life insurance policy, and his failure to remove her as such was an oversight, which is entirely plausible and indeed frequently occurs. Nonetheless, the court was bound by the beneficiary designation in place, with the result that the decedent’s ex-girlfriend — with whom he had severed all romantic and financial ties — will receive thousands of dollars after his death even though that outcome is unlikely what he wanted to occur.”
To read the full article, please click here: Email exchange doesn’t divest ex-girlfriend as life insurance beneficiary