Is there anything I can do to see my child getting some of his estate?

Question

I have a lawyer and he should be able to help me and ask any questions I have but he is not. That’s why I’m asking on here. My child’s father has passed and we weren't married or anything, he was just my boyfriend. So in his estate he has two insurance policies that he left to his parents and the rest is money from his bank account, car and another source that he didn't leave to anybody. I do know my child who be next in line to receive the rest of his estate.  So my question is if they already got insurance money how can they have the right to the money over child? Would a judge really award them that money after they both received a nice amount of insurance money, and the money they are claiming to be awarded is over the amount the estate is worth? His parents do have a receipt showing they paid but I don’t believe it because they didn't want to file the claim till after they saw I had a lawyer. And they are very good friends with the funeral home they used they could say anything. She is getting his social security buts it’s not enough.

Georges Shers · Answer

Write your questions down for your attorney and e-mail them to him stating that you need them answered. The life insurance money passes to whomever is named the beneficiary and is outside the estate. How much money the parents have already received has nothing to do with how much they are entitled to receive. In California the fact that you were not married has no effect on the right of his child to inherit.

Christine Socrates · Answer

The answer depends on whether your child's father died with a will and what he provided in his will.  You need to obtain a copy of the will and have your lawyer review.  If he left everything to his parents in the will he would still need to specifically disinherit his child.  Any assets left in his name alone and without a beneficiary designation, would have to go through probate.  The will would govern the distribution of these assets. If he did not have a will, then your child would be the sole heir.  If you have a lawyer who cannot answer your questions, it is time to get a new one.

James Frederick · Answer

If they have receipts, it sounds to me like you are out of luck. The insurance passes outside of probate to the beneficiaries and is not considered part of the estate. The assets of the estate are used first to pay administrative expenses and then, if there is anything left, it goes to the beneficiaries of the estate. One thing you might ask your lawyer about is a family allowance for your daughter and an exempt property allowance. These normally take precedence over even administrative expenses. It could be worth something, at least.

Dara J. Goldsmith · Answer

Whomever paid the funeral expenses is entitled to be reimbursed even if they paid with insurance proceeds.  After administrative claims, funeral expenses are the highest priority and are generally preferred over a child's inheritance claim.

Frances Headley · Answer

Assets like insurance policies that  have beneficiary designations do not come into the estate.  If he died intestate then the child should get the rest of the assets but if he had a will he could leave his assets to anyone he wished.

Victor Waid · Answer

You are advised to obtain the assistance of a probate lawyer for a guardianship appointment of your child with you appointed the guardian ad litem, re her financial interest in the estate and to file a claim into the probate estate on her behalf, and possibly to conduct some litigation on behalf of the child for discovery of assets the child would be entitled to. As to the life insurance, the proceeds are paid to the named beneficiaries in the insurance contract.

D. Kendall Perkins · Answer

If the father acknowledged paternity of the child, or otherwise was legally deemed to be the child's father, and the father died without a will, the Utah Intestate Succession Statutes would require his estate to go to his child or children.

Richard B. Rudolph · Answer

If your child is the only heir, or even one of the heirs, he should be entitled to receive some or all of the estate if the deceased father had no will or living trust in place. You should consult with a qualified and experienced Estate or Probate Attorney. Disclaimer: This response does not constitute legal advice. It is merely an opinion, and not intended to create, and does not create an attorney-client relationship. It is impossible to provide a legal opinion in response to your question without a comprehensive analysis of all facts and circumstances relating to the legal issues.

Brian Haggerty · Answer

If the child's father left no will, and was not married, then his children would inherit his probate estate. However, the problem is in determining what is in his probate estate. The life insurance passes according to the beneficiary designations. Done deal, has no effect on the rest of this. Bank accounts and the car, if they were not jointly owned with anyone, and if no beneficiary was named on the bank account, would be in father's probate estate. Depending on the amount, probate or a Small Estate Affidavit would be needed. The funeral cost would have to be paid out of this money. Support of his child is a very high priority item, if paternity is established. Maybe Legal Aid can help?

Thomas Edward Gates · Answer

Who is getting his social security?  The insurance proceeds transfer by beneficiary, so there is nothing you can do there.  I assume he had no will.  In Washington, when one dies intestate (without a will), the estate goes to the wife and, if no wife, then the children.  The parents would get the estate if there are no children.  You should have a probate attorney assisting you.

Christine James · Answer

Ask your lawyer.  If you are not comfortable with the answer, get a new lawyer.  Christine James   CONFIDENTIALITY NOTICE. This communication contains information which (a) may be legally privileged, proprietary in nature, or otherwise protected by law from disclosure, and (b) is intended only for the use of the addressee/s named. If you are not the addressee, or the person responsible for delivering this to the addressee/s, you are hereby notified that reading,copying, or distributing this communication is prohibited. If you have received this communication in error, please notify the sender immediately by calling (530) 470-9291. Thank you.

Edwin K. Niles · Answer

If assets are titled in joint names or with a named beneficiary, those assets go to the joint tenant or beneficiary.  Assets in boyfriend?s name alone should go to child.  If value is over $100,000, probate will be necessary.  Under $100,000, assets can be collected by affidavit.  You may have to have yourself appointed guardian in order to act.

Jayne Sebby · Answer

As the insurance policies name the deceased's parents as beneficiaries, the cash automatically goes to them. The remainder of your boyfriend's assets will be divided among'st his heirs, according to the intestacy laws of the state he lived in at the time of his death. Check those statutes to see who has priority as heir.

Mark T. Peters · Answer

It depends on the state's inheritance laws. Did the father acknowledge paternity or was there an order determining paternity? If so, then under Idaho law, he would be entitled to his father's estate. The insurance proceeds is not part of the estate. If your attorney is not helping you, file a complaint with the state bar and get a new attorney.

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Is there anything I can do to see my child getting some of his estate?

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