beneficiary vs. child entitlement
My ex-husband died two weeks ago from complications of cancer. He had spoken to our son several times and told him the life insurance money was to go to him(the son)for college and that he was putting his brother down as beneficiary because my son is under-age. He didn't make a will or have an executor. What is the best way I can try to secure the insurance money for my son? His father was thousands of dollars behind on child support payments.
1 Answer from Attorneys
Re: beneficiary vs. child entitlement
Unfortunately, it has nothing to do with wether or not there was a will. The insurance proceeds go to the named beneficiary of the policy. Unless your son's uncle is also the trustee of a trust set up for your son's benefit and the proceeds are to fund that trust, or unless there are special provisions in the policy, it is going to be his to keep (the uncle's money). Because the proceeds are not part of the probate estate, a claim against the estate probably cannot be made. I suggest that you meet with a probate attorney to go over the insurance policy and talk about the rest of the estate. Your son is an heir of the estate if there was no valid will.