 Posted: Tue Apr 03, 2012 8:48 am Post subject: dad named his mom benefactor, she died leaving us nothing sh |
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my father died in 2000 and named his mother sole beneficiary since she was paying for the policy. Since she collected double the amount due to accidental death she received $250,000, I never saw a penny. My brother collected $13,000 I was a minor when he died, DNA was done proving me to be his son. My fathers mom offered to buy me a house which I refused, I only wanted a trust set up for my children. She died in 2011 without naming my brother or I in her will. The lady actually tricked me into living with her so she could take what little money I was receiving from his social security I know theres statutes on laws but since we were next of kin shouldn't we have received some of that insurance money? I live in Ohio and i'd like to know if its even worth fighting for. We got to watch our RICH relatives divide up her cash that pissed me off please reply A.S.A.P
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angry in Ohio
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| Posted: Tue Apr 03, 2012 2:42 pm Post subject: |
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You are mixing apples and oranges. A death claim was paid in 2000. That money was paid to a person by name and it became her money to do with as she pleased. You say your brother "collected $13,000" but don't say why or how. But that's unimportant. It could have been a gift from grandmom to grandson, and she is entitled to do that. There is no legal requirement for gramdmoms to give equal gifts to anyone.
On the other hand, grandmom offered to buy you a home, which you refused. I assume the home was valued at more than $13,000, but you refused, saying you only wanted a trust set up for your children. Fine, you can refuse all you want, but you cannot compel grandmom to do anything else with her money. You could have taken the house, sold it, and set up your own trust fund for your children -- if this was truly about your children. But it's not.
Today, you are upset because grandmom died last year and did not name you in her will. She did not have to. You say grandmom "tricked" you into living with her to take "his social security" [for her own benefit]. There was no possibility that she used that money to provide you with food, shelter, clothing, school necessities, and spending money to do with as you pleased? Please be honest here.
As a minor, Social Security money cannot be paid to you, it can only be paid to a parent or guardian for your benefit. That person files an annual report detailing how they money was spent or saved. Well, at this late date, that's all water under the bridge. You might have had a fiduciary claim years ago, when you turned age 18, but you have obviously missed that by now. And you cannot bring an action like that against a dead person.
Then you ask:
| Quote: | | since we were next of kin shouldn't we have received some of that insurance money? |
And the answer to that is NO. A person may name anyone or anything as his or her beneficiary, to the exclusion of anyone else. No one can contest that absent a showing of coercion, or other unlawful act. But even if you could, it all happened 12 years ago, and that matter would no longer be actionable.
| Quote: | | We got to watch our RICH relatives divide up her cash that pissed me off |
For this, you need to seek professional mental health counseling. If grandmom left a will, your "rich relatives" did not divide anything . . . it was divided for them by grandmom. If grandmom had died without a will, you would have received something, because that's a provision of Probate Law.
I'm sorry you are "pissed off." But maybe grandmom had a reason not to include you in her will. Maybe you pissed her off by rejecting her offer to buy you a home. Did you ever think of that? She tried to do something nice for you and you slapped her in the face. In many ways, we only get one shot at things in life, and our future is determined, in large measure, by the choices we make.
There is no legal recourse here, and any attorney who says there is is simply going to take what little money you may have and leave you with nothing to show for it.
These are sour grapes, that you will have to enjoy or leave behind and get on with your life. Make a choice to find a good therapist and work out your challenges.
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MaxHerr
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