by paula winters » Tue Aug 05, 2008 03:34 am
Two weeks ago my brother in law and sister were killed in a motorcycle accident. With my sister dead, my 17 yr old nephew was left as beneficiary. He turned 18 yrs old two days ago. There is no will that we can find and there is a niece that is over 18. Does the nephew get all that money without having to take care of the estate debts? Is the sister entitled to any of the insurance? Since she sprouted her wings after graduating and moved out the nephew seems to think that EVERYTHING is his and is banning her from the house, the property, the vehicles, and won't let her even see the mail. I have one heck of a mess.
Posted: Tue Aug 05, 2008 07:08 am Post Subject:
If the niece is in direct relation with your nephew, then she must be entitled to the estate as well. She might have sprouted wings (according to you), but it doesn't justify depriving her of her rightful share.
Posted: Tue Aug 05, 2008 07:40 am Post Subject:
Who is the named beneficiary of the policy? If both of the brother and the sister are the named beneficiaries of the policies, they should both receive the policy benefits.
Now, if you like to award the entire amount to one of the surviving siblings, then you're required to obtain a court order supporting it. Otherwise, the other sibling will have all the rights to contest the issue at the court of law and can most likely get a judgement favoring her side.
Regards,
Juanita
Posted: Tue Aug 05, 2008 07:58 am Post Subject:
Under the situation where there is no named beneficiary available, the benefits of the policy go to the immediate surviving descendent. Here it should be the children.
BTW, I've a question, who is the appointed executor of your sister's estate? The executor should have the authority to disperse the benefits accordingly amongst the surviving relatives of the decedent.
~Jeremy
Posted: Tue Aug 05, 2008 09:34 am Post Subject: hi
Hi..
Since she sprouted her wings after graduating and moved out the nephew seems to think that EVERYTHING is his and is banning her from the house, the property, the vehicles, and won't let her even see the mail.
See, I don't think that its the nephew's right to ban her from anything over here..
You need to locate the policies & identify the beneficiaries..may I ask which state you're from!
come soon..fatman
Posted: Tue Aug 05, 2008 09:57 am Post Subject:
Oh Paula, I'm so very very sorry.....If I'm understanding this and they are brother and sister? then they share equally...tell the girl to get to the court house, (get an attorney) and file in probate for her share...Is the boy just willy/nilly spending? If so how did he get his hands on the money?
Posted: Tue Aug 05, 2008 12:06 pm Post Subject:
Without commenting on the veracity of original poster's post I'm just going to comment on the facts of DEATH with regard to her post and other comments.
With my sister dead, my 17 yr old nephew was left as beneficiary.
Is that to say your sister was the Primary Beneficiary and your nephew was the ONLY named Contingent Beneficiary?
There is no will that we can find and there is a niece that is over 18.
A last will and testament DOES NOT control the dispositon of life insurance death benefits UNLESS "THE ESTATE" was named as the beneficiary or all beneficairy designations were left blank on the application or all beneficairies PRE-deceased the insured..
Does the nephew get all that money without having to take care of the estate debts?
YES.
Is the sister entitled to any of the insurance?
No.
If mom or dad wanted her to have any of their life insurance death benefit they would have named her as a beneficairy.
Since she sprouted her wings after graduating and moved out the nephew seems to think that EVERYTHING is his and is banning her from the house, the property, the vehicles, and won't let her even see the mail.
Are these half siblings? Was your nephew your brother-in-law's son by THIS couple and was niece your sister's daughter by a previous marriage?
jeorge wrote:
If the niece is in direct relation with your nephew, then she must be entitled to the estate as well.
Yes, she would be entitled to her share of the PROBATE ESTATE not the life insurance benefits.
Juanita wrote:
Now, if you like to award the entire amount to one of the surviving siblings, then you're required to obtain a court order supporting it. Otherwise, the other sibling will have all the rights to contest the issue at the court of law and can most likely get a judgement favoring her side.
The insurance company is going to pay the death benefit to the person or persons who the policyOWNER designated in his/her policy to recieve the benefits of their contract.
Otherwise, the other sibling will have all the rights to contest the issue at the court of law and can most likely get a judgement favoring her side.
There is nothing to contest and the absence of niece being named as a beneficiary tells you something about the niece and the family dynamics.
Jeremy Holter wrote:
BTW, I've a question, who is the appointed executor of your sister's estate? The executor should have the authority to disperse the benefits accordingly amongst the surviving relatives of the decedent.
They died INTESTATE, without a will.
State law has jurisdiction under the Probate Court System. The Court will appoint an executor/personal representative. THAT has nothing to do with the life insurance policy as it IS NOT an asset subject to probate if there were named beneficiaries.
Lori wrote:
Is the boy just willy/nilly spending? If so how did he get his hands on the money?
Now I'll comment on the veracity of original poster's post.
It usually takes about 4 to 6 weeks to even get a Death Certificate after someone had died. A 17 year old doesn't even know how to spell life insurance much less submit the claim form with the death certificate.
I'm just saying....
Posted: Tue Aug 05, 2008 12:21 pm Post Subject:
usually takes about 4 to 6 weeks to even get a Death Certificate after someone had died. A 17 year old doesn't even know how to spell life insurance much less submit the claim form with the death certificate.
That was my point exactly has he got his hands on it and if so how?I'm just saying....
Posted: Tue Aug 05, 2008 08:37 pm Post Subject:
If the nephew is the only named beneficiary in the life policy, he will get the proceeds. Life insurance transfers to the named beneficiar(ies) outside of the estate, and would have nothing to do with the estate unless, of course, the estate actually received the death benefit.
In the absence of a will, referred to as "dying intestate," the intestacy laws of the state in which a person dies will determine the disposition of the estate. The court will appoint an "administrator" in the case of intestate death, and this is the person who will see to the disposition of the estate according the the laws of that state.
A 17-year old cannot receive life insurance proceeds in most states, you normally have to be 18 years of age. Normally, if the beneficiary will be 18 within a short time of the death, the insurer will hold the proceeds until the age of majority is reached and then pay that beneficiary. If the child will not reach age 18 for some time, the proceeds are typically paid to a trustee or guardian FBO (for the benefit of) the minor.
I am so sorry about the tragic occurrence, that's really horrible. We all feel for you, and we hope that we can help in some way...
InsTeacher 8)
Posted: Wed Aug 06, 2008 10:26 am Post Subject:
I'm from Missouri so you have to SHOW-ME.
I read some of these posts and the incongruent circumstances are so obvious I wonder who IS this person who writes such absurdities?
To wit:
Two weeks ago my brother in law and sister were killed in a motorcycle accident. With my sister dead, my 17 yr old nephew was left as beneficiary.
14 days ago?
He turned 18 yrs old two days ago.
12 days after the tragic motorcycle accident.
Since she sprouted her wings after graduating and moved out the nephew seems to think that EVERYTHING is his and is banning her from the house, the property, the vehicles, and won't let her even see the mail.
Wow, :shock: that's giant basketballsy for an 18 year old. Good for him! He must really despise his BIG sister or half sister much more than he's devastated his parents are dead.
In fact, Mom and Dad BOTH must have despised the daughter because they didn't even have enough love in their heart for the daughter to designate her as a beneficiary on their life insurance.
A life insurance contract beneficiary designation is the most sincere love letter one could ever write to their wife or children.
She must really be a piece of work!
Posted: Wed Aug 06, 2008 10:47 am Post Subject:
Wow, that's giant basketballsy for an 18 year old. Good for him!
Ballsy yes, good for him...NO, sounds like he's being an arrogant brat to me!He must really despise his BIG sister or half sister much more than he's devastated his parents are dead.
yeah, and how sad is that? :( Makes, me sick...In fact, Mom and Dad BOTH must have despised the daughter because they didn't even have enough love in their heart for the daughter to designate her as a beneficiary on their life insurance.
I think despise is a strong word...could be that this is dad's daughter by a previous marriage and boy is a product of this marriage, daughter may have been raised by ex wife, but don't see it as parents dispising anyone...could also be that one parent did this without the knowledge or consent of the other! (thru their employer policy)...She must really be a piece of work!
Easy there lucky...We're all assuming things because there isn't enough information in the OP, but doubt ANY parent could dispise their own child...regardless....Add your comment