by thenewblackhand » Mon Feb 01, 2010 01:26 am
Ok This has been about 3 years now. My father passed away in a car accident in 2007 naming me and my aunt as beneficiaries. 50% each. My father told me my aunt was to give me the money at a later date. My aunt is saying she knows nothing about this and has not intentions of giving me the other half of the policy. Being there is nothing written do i have a legal standpoint to fight this or should i just chalk it up. Any help would be appreciated. She also has 15 acres of land that my father had in her name that should be mine. I am beginning to think I will not receive any of this.
Posted: Mon Feb 01, 2010 09:41 pm Post Subject:
If you were each 50% beneficiaries, there would certainly be something in writing....have you called the insurance company to ask what's in their records? If you were split as primary beneficiaries, you have a contestable case. If you were a contingent beneficiary, then you would have no right to the money.
Posted: Mon Feb 01, 2010 10:20 pm Post Subject:
Were you always 50% beneficiaries? How old were you when the policy was issued? I don't see a contestable case here. Dgoldenz please (because I'm interested) what gives the OP a contestable case if both primary beneficiaries?
Posted: Mon Feb 01, 2010 10:33 pm Post Subject:
Your dad may have told you that you were supposed to get 50%, but does the beneficiary information actually say that?
The contestable part is if the OP was supposed to get 50% and the insurance company didn't give it to him. I doubt that this is what happened.
Posted: Mon Feb 01, 2010 10:34 pm Post Subject:
If he was cited as an equal split primary beneficiary on the policy and was a minor at the time, it would have had to be decided in court who would hold the money until age 18 unless there was a trust involved, but doesn't sound like there was....if your dad just put your aunt as a 100% primary beneficiary and told her to give you half when you turned 18, then you're out of luck. Sounds like the same thing sdchargersfan was having a problem figuring out....
Posted: Mon Feb 01, 2010 10:42 pm Post Subject:
My aunt is saying she knows nothing about this and has not intentions of giving me the other half of the policy.
I took this to mean they were listed at 50% each and it was paid that way and she will not give up the other half.
Posted: Mon Feb 01, 2010 10:49 pm Post Subject:
I'm pretty sure he meant that the aunt was supposed to give him 50% of the total benefit, though I can see how you would read it that way.
Posted: Mon Feb 01, 2010 11:07 pm Post Subject:
Being there is nothing written do i have a legal standpoint to fight this or should i just chalk it up. Any help would be appreciated. She also has 15 acres of land that my father had in her name that should be mine. I am beginning to think I will not receive any of this.
This is (unfortunate for you) a prime case of what happens when things are not written legally.I totally understand your Daddy, thinking, I'll let her have half of the benefit now, and sis will put the other half in safe keeping for a few years and give her the other half then. Same with the ground. But either Dad never made this clear to his Sister, or Sister/Aunt is a snake. Either way with nothing in writing from Dad, I see no way you could contest any of this.
If it's true and your Daddy told his sister this, and she's a snake, well shame on her, and believe me she'll get hers in the end. I would (personally) severe ties with someone who could knowing do this.
Let me ask you a couple of things....
How old were you when your Daddy died?
Did his sister take care of him ?
Do you have any brothers or sisters?
Did your Dad have other siblings?
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