QUESTION
What can I do to collect my fathers life insurance policy if my step-mother is preventing it? How?
Asked on Jul 08th, 2015 on Estate Planning - California
More details to this question:
My Father was in the military, due to his training he got brain cancer, he died in April 2012 - I was 18. When he was diagnosed with stage 4 brain cancer in 2010 he had a will drawn up that stated (per my Nana-his mother, she read his will) upon my 21st birthday I was to receive 1/4 of his military life insurance. There were 2 other non-military life insurance policies and I did receive my 1/4 of these policies shortly after his death per his wishes listed in his will. I have asked my step mother for a copy of his will a number of times but she refuses to give me a one. And now that I am 21 I'm not sure what to do. The military says that I was not named as a beneficiary on his actual policy and that all his life insurance was released to her back in 2012. She was named his beneficiary upon them getting married back in 2002, I'm not sure he knew he had to change this because once he got sick my stepmother took care of a lot of his personal business - for all I know he was never made aware. I have done my best to maintained a relationship with my step mother and my step-siblings since my fathers death and she has stated that she does have an account with "my portion" of what my father wanted me to have, however, now she will not release it to me and claims that my father only wanted it to be used for my education... I don't know this for sure because she won't give me a copy of his will. My problem with this is that the military is paying for my education and will continue to pay for it as long as I'm in school and maintain passing grades - which I do. My father knew that the military would be paying for my education before his death... She says she has this money and will give it to me when needed for my education but I am having to pay for my own books. What are my legal options? I don't even know where to begin or even if I can do anything to get what my father wanted me to have. I am a full time student and work part time and don't have a lot of mo
8 ANSWERS
3 Awards
I am sorry to hear of your troubles. If the policy had a named beneficiary, other than you of the estate, that overrides your father's Will. If the facts are as you present them, then it is merely your step-mother's good graces what will result in you receiving any monies from the proceeds.
Answered on Jul 14th, 2015 at 4:03 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If your step mother was the beneficiary of your father's life insurance, then the money is hers to do use as she wishes. ?His will doesn't control life insurance proceeds
Answered on Jul 09th, 2015 at 12:44 AM
Edwin K. Niles
As far as the insurance is concerned, the beneficiary designation trumps the will. If step-mom helps with your education, count your blessings.
Answered on Jul 09th, 2015 at 12:31 AM
Your father's will should be on file with the clerk's office of the probate court in the county your father lived in when he passed away. You can request to see the file and read the will there. Perhaps your stepmother will reimburse you if you provide her with receipts for your books and other school expenses you are covering yourself. Or she may realize that your chosen profession will require an advanced degree or additional training that the military won't cover and is reserving the money for that.
Answered on Jul 09th, 2015 at 12:25 AM
Thomas Edward Gates
There is nothing you can do. The life insurance policies pass probate. Probate governs the distribution of assets in his estate. The life insurance property was not in his estate, hence, anything he wrote in the will concerning these funds has no meaning. If you want to see the will check with the local court clerk for a copy. However, it will not change your situation.
Answered on Jul 08th, 2015 at 2:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with the details, but if you are not, according to the Army, a beneficiary on the policy and had not been since 2002 it is quite probable that any sharing of the proceeds of the Army life insurance policy by the named beneficiary, your stepmother, would have to be strictly voluntary and not actually legally enforceable. I would have to have significantly more details before I would be willing to render a firm opinion.
Answered on Jul 08th, 2015 at 2:07 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If your father had a Will it should have been filed with the Clerk of the Court in the County where he resided within 30 days of his death, per Illinois Statute. It should be a matter of public record. Failure to file the will can be a criminal offense though rarely prosecuted. You can force the person holding the will to file it and you are entitled to a copy. The proceeds of a life insurance policy are to be paid directly to the named beneficiary and pass outside of the directions in a will unless the policy benefits are to be paid to the estate of the deceased. It is possible for you to open a probate of your father's estate, under the supervision of a court, and use the probate to discover what happened to your father's assets.
Answered on Jul 08th, 2015 at 1:45 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to seek the assistance of a probate/trust litigation lawyer; your issues are serious and need to be addressed by a hands on person.
Answered on Jul 08th, 2015 at 1:16 PM