Legal Question in Insurance Law in Utah

accident

My fiance was killed in an accident last year. Our

daughter was not yet born. there was a wrongful death

claim filed. His mother is trying to receive the insurance

money. i know my daughter is entitled to her dads

money because she is the only heir. How can his

mother file a claim if she is not his heir, and did not do

it in his daughters interest. She did not even mention

he had a child? I have legal proof that he is the father. I

also filed a claim with the insurance company and they

put a hold on the funds. There is also a survivors

benefit check with his mothers, fathers ,and my name

on it ? is my child entitled to all of the suvivors benefit?

Please help me?????


Asked on 6/26/05, 10:02 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: accident

Under Utah law you will have to prove that your daughter's father is your fiance. If you prove that fact, then your daughter will be entitled to some or all of the benefits. You will have to act quickly. If you have additional questions, you may call for a free consultation. (801) 876-4422

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Answered on 6/28/05, 6:53 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: accident-life insurance proceeds

I do not practice in UT so you should consult a local attorney. However, for your general information, life insurance does not pass through the estate of a decedent. The policy has a beneficiary designation, and if your fiance designated his mother than she is entitled to the funds.

If you are talking about another type of insurance, such as auto insurance in a wrongful death case the claim needs to be brought by the next of kin.

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Answered on 6/27/05, 4:42 am


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