Legal Question in Insurance Law in Missouri

My brother in law divorced in 2004. As part of the divorce decree, he was to name the only child in this marriage as the beneficiary to a $100,000 life insurance policy. He never did this. He passed away last month, but six weeks before he died he named my father-in-law beneficiary to this policy in the hopes that it would be divided between his three children - the other two of which are older than the child to be named in the policy. Is there any chance my father-in-law could win a suit like this? The child (who will soon turn 19)'s mother is suing for control of this payout.


Asked on 1/16/12, 10:36 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Perhaps some other attorney will have an answer to your question. Personally, I would need to conduct enough legal research prior to providing an opinion in order to be confident that my response is competent. I can see where the nineteen year old might have a valid claim under "third party beneficiary" theory, but this does not mean that the nineteen year old will prevail in Court. Your father-in-law should hire an attorney to at least do the research and provide professional advice.

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Answered on 1/16/12, 10:43 am


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