my dad just died saturday and we went to call Prudential about his life insurance?

You are going to have to retain legal council on this one:

First the insurance agency will not just be able to change the beneficiary on the account even with a divorcee decree since the family court did not have jurisdiction over the account only jurisdiction over your dad to change the account

Second while you maybe a beneficiary you where not a party to the divorcee, so it may fall onto your mother to enforce the divorce decree and not you

The divorce settlement does not dictate who the life insurance beneficiary is it only forces your dad to make you the beneficiary. If he never changed it then you are probably out of luck. You or your mom would had to have taken him back into court before he died for not living up to the divorce settlement. You probably should seek legal council to be sure.

a lot of it will depend on when he got the policy, if he got it or modified it and who is the benificiary...the courts ability to say you had to be primary would only have applied to insurance he had at the time, if he let that lapse and got another policy with another benificiary,say a new wife, then that policy would pay her,regardless of the court order on the old policy..they can arrest or sue your dad for breech of contract but he's dead..the new insurance belongs to whomever is on it as primary,so if your trying to steal his new wife or families inheritance your SOL..also his obligation to carry insurance for you or your brother expired the day you became adults,after tat the court order didnt apply they specifically required both parties to carry insurance for the MINOR CHILDREN neither of you apply once your past 18,and if he failed to do so and carried insurance for someone else thats a breach on his part not the person that is listeds..the court could cite your father for contempt (if you were still a minor)however he's dead and it wont change the name on the insurance ,it would just mean he failed to keep insurance for you. it was all null and void the day you reached majority and left minority (18 most states).

If you were named to be sole beneficiaries in the divorce degree,,you are on solid ground.. You need to get a copy of the divorce degree,,and satisfy the fact,,that, it is in the divorce degree.. Once you have established that,, you should get a lawyer to process it for you and your brother..I don't know your age or your situations,,so I can't advise you in that.. Why would you be burying him?? And, are you minors..And whom do you and your brother live with..Apparently,,the orders of the court were not done,,and if so,,you must get and make copies of the degree,,and submit them to the insurance company with your dispute of beneficiaries. If you are not adults,,who is your custodial adult.. A lawyer will take your case on a contingency basis,,which means if he doesn't win for you,,you owe him nothing..However,,there is a percentage of the settlement he will get if he wins.. Either way,, you must proceed with this or you both will get nothing.. The sooner the better. Because once the monies is dispersed,,(given out) it makes it harder to get back.. SOLOMON