Automatic Revocation in IL

If Illinois follows automatic revocation (adopted in 2019), I thought I read that it would, in turn, go to my dad's estate (which in essence is my stepmother). If she's named on the death certificate, won't the insurance company contact her? Or will she not be made aware that this policy exists? These are the questions we have, as my mom doesn't want to proceed if the money will just end up with my stepmother.

I do see that Illinois appears to have adopted the law in 2019. Is there a copy of the divorce decree to see if it has any mention of their agreement about policies, etc? That could permit her to still be the beneficiary.

If not, did your dad have a valid will? If so, his will will spell out who receives the probate estate net assets after creditors, etc. The insurance carrier will not pay it directly to anyone, they will pay it to the estate & that will be added with any other assets of the estate like bank account, etc. If you dad had no will, the Illinois interstate laws will direct the probate judge as to who will receive any net estate assets after creditors & lawyers are paid. With no will, i believe Illinois intestate laws direct 1/2 the net probate assets to spouse & 1/2 to defendants.
 
My dad did have a Will and everything went to my stepmother as the surviving spouse, since she made sure all accounts were changed to both of their names just as his mental faculties were declining. He confided in me many times before he got sick that he wants "his" money to go to our family, but that's sadly not how things ended up. I know I can contest it, but I don't know if I have it in me, as I'm still in shock and miss my dad. If my mom (who was the love of his life as he stated many times, even after he remarried) could benefit from this policy, I'd see it as a small win. I know nothing was mentioned in their divorce decree about this policy, so my dad either forgot about it or decided to just let it be. I just don't want my stepmother to know about it or get it, even if that means it ends up in the state's hands.
 
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