QUESTION
my father died in 2012, my mother and I was a bennificier on his life insurance. But the insurance awarded his present wife the benneficier.
Asked on Jan 01st, 2014 on Contracts - Georgia
More details to this question:
My father died in August 2012 at age 87. He had life insurance listing my mother and I as bennificiers. He divorced my mother in 1984 and remarried that same year. Still I am his legal son and my name was still as a benneficer. But the the insrance awarded my stepmother the full amount. My question is can I sue ?
1 ANSWER
If the facts are as you state them, you would have a good claim against the insurance company. However, I doubt the insurance company would make such a stupid mistake. Are you sure that your father didn't change the beneficiary of the policy and/or take out a new policy making his new wife the beneficiary? If so, I do not believe that you would have a valid claim. In many states, current spouses (unless they have signed an agreement to the contrary) have interests in the assets left behind by their deceased spouses (including not only the estate but also other assets, such as insurance policies, certain types of trusts, etc.) from which they can't be disinherited. However, although I don't know specifically about Georgia law, I am not aware of any state which affords such rights to children.
Answered on Jan 02nd, 2014 at 12:01 PM