Legal Question in Legal Ethics in New York

I recently inherited a life insurance policy I was named beneficiary to my brothers life insurance, he did not want his grown children to get this, he told me that himself. Now his grown children tell me they are getting a lawyer to take the life insurance which I already received. His children have not been in contact with him their whole lives. My brothers ex wife divorced him 30 years ago, and made sure he could never see them. Do they have a chance of being able to win this battle? I just want to be able to carry out my brothers wishes for this money.

Asked on 5/26/13, 5:45 am

1 Answer from Attorneys

Kevin Pollock Law Office of Kevin A. Pollock LLC

You need to submit your claim to the life insurance company. If they want to challenge it, that is their right. The insurance company will then wait for a court order to figure out what to do. Most likely, if they have never seen their father, it is doubtful that they will win. You will need to be patient as it is best to let them waste their money on this fight. If they don't file a claim in court, the insurance company will release the money to you. However, if they do file a claim in court, you will need to hire an attorney to help you.

I'm not sure why this got filed under Legal Ethics and Professional Responsibility, it is more of a probate question.

Best of luck.

Kevin A. Pollock, J.D., LL.M.

P: (609) 818-1555

Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.

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Answered on 5/29/13, 11:32 am

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