by Guest » Fri Mar 01, 2013 12:22 am
My fiance passed away unexpectedly last june. I was 3 months pregnant. He acknowledged that he would change his insurance policy after the baby got here. He did not live that long. His sister was named the beneficiary, and she has taken the 200,000 and not given a penny to the baby. Do I stand any chance of getting any of this money for my daughter?
Ironically, she has a new car, new ipads, new digital camera, etc. I am struggling to keep my daughter in diapers.
Ironically, she has a new car, new ipads, new digital camera, etc. I am struggling to keep my daughter in diapers.
Posted: Fri Mar 01, 2013 07:18 am Post Subject:
Do I stand any chance of getting any of this money for my daughter?
The short answer is NO. The long answer is NO. I'm sorry there is not a different answer.Posted: Fri Mar 01, 2013 09:35 am Post Subject:
The sister was named the beneficiary - She got the proceeds. Acknowledgements and promises won't count.
You can contest and under interstate succession laws, a posthumous child is entitled to inheritance. You would need to prove the child's birth through tests and all. It would drag on and on and on. However, the chances for you (your child) obtaining a portion of the benefits are very less.
Posted: Fri Mar 01, 2013 12:54 pm Post Subject:
You can contest and under interstate succession laws, a posthumous child is entitled to inheritance
Concerning LIFE INSURANCE . . . this is 100% WRONG!
Life insurance is a NON-PROBATE asset. Whether a person dies intestate or not makes absolutely no difference. A named beneficiary's entitlement to life insurance proceeds is only disrupted by the criminal act of the beneficiary leading to the death of the insured (or other statutory disqualification, such as incarceration in a state or federal prison in some cases).
Any time, money, or other effort trying to divest the beneficiary of her money in this case through litigation will be 100% wasted. The long and short answer is NO. There is nothing that can be done other than moral suasion to obtain any of the money from the sister. It's her money and she may do with it as she pleases. No court can force her to do otherwise.
Please! insuranceguide4u mostly posts inaccurate information and his/her advice should not be relied on.
Posted: Fri Mar 01, 2013 12:59 pm Post Subject:
interstate succession laws
The correct term is "intestate" succession. And this rule does not operate in all states when it comes to distributing money or property to the unborn child of a person who dies prior to the birth of the child.
But, as stated above, this has absolutely NO BEARING on life insurance proceeds.
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