My mom passed away and

Submitted by Marsha on Sat, 11/08/2008 - 02:20

My mom passed away and she has a insurance policy, she left my dad the beneficiary and he is deceased. I would like to know does my dad son get any of the life insurance money.

Posted: 08 Nov 2008 03:03 Post Subject:

Hey Marsha,
Okay; your mom had a life insurance policy which named your father as the beneficiary and both have deceased. Please accept my sincere condolences. After that, I'm afraid you lost me.

Are you asking if you are entitled to any of the death benefit?

If that is your question and you are an only child, I would say, maybe. Otherwise it will probably be left to your parent's estate and distributed therefrom. There are several factors, including the state in which you live that come into play here.

Posted: 08 Nov 2008 04:53 Post Subject: Life insurance

The life insurance policy is in my mother name my dad is the beneficiary listed on the policy. I have a older sister same mom n dad, then a step brother different mom n same dad. Both parents is deceased Is he entitled to any of the life insurance since its in my mom name.

Posted: 08 Nov 2008 05:38 Post Subject:

If you're the only child you may receive the benefits of the policy. However, the policy may enter the probate court and may the executor of the estate may decide whom the benefits should be dispersed.

Since the bother hasn't the same mother the executor may not include him for receiving the benefits, but the proceeding of the policy might get distributed between you and your sister.

Posted: 08 Nov 2008 11:08 Post Subject:

Marsha,

If the named primary beneficiary (your Dad) on your Mother's life insurance policy predeceased her and if there wasn't any contingent beneficiary named on the contract the life insurance proceeds will be paid to "The Estate of Mom."

That requires a probate court action to be commenced and then the life insurance proceeds will be treated just like any other probate asset. (Florida)

Now those proceeds will be distributed pursuant to your Mom's Last Will & Testament, if any. If she didn't have a will then according to state law.

The "Executor" or "Personal Representative" of the estate DOES NOT decide who gets what. If there is a will, the will controls disposition, if not, no will, then state law controls the disposition.

This is the worst way for life insurance proceeds to pass because now those death benefits are no longer an EXEMPT asset from creditor claims, probate attorney fees, court costs and all other estate expenses.

Unfortunately your situation is quite common.

It is beyond belief how many Life Insurance Policies, IRAs, Annuities, 401Ks, etc.... DO NOT have a contingent beneficiary named causing a normally exempt and non-probate asset to be tied up in probate court needlessly.

Below is the Florida Law regarding this issue.


222.13 Life insurance policies; disposition of proceeds.--

(1) Whenever any person residing in the state shall die leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise. Notwithstanding the foregoing, whenever the insurance, by designation or otherwise, is payable to the insured or to the insured's estate or to his or her executors, administrators, or assigns, the insurance proceeds shall become a part of the insured's estate for all purposes and shall be administered by the personal representative of the estate of the insured in accordance with the probate laws of the state in like manner as other assets of the insured's estate.

Posted: 08 Nov 2008 01:20 Post Subject:

These posts give so many reasons why everyone should have a will. I am ashamed of the fact that I do not. My hubby and I are going to look into how to do this. We were just discussing it the other day. Glad I ran across this post.
Gary, is an atty the only way to draw up a will and make it legal. What other options are there. I probally should have started a new post on this!

Posted: 08 Nov 2008 04:56 Post Subject:

Gary, that post made the hair on the back of my neck stand straight up.
You'll never cease to impress me.
Mark

Posted: 08 Nov 2008 05:47 Post Subject:

He is really good at what he does.

Posted: 23 Nov 2008 05:52 Post Subject: passing of my dad

My dad passed away and he has a insurance policy but i do not no what insurance componey help me

Posted: 24 Nov 2008 03:22 Post Subject:

Hi Tara, Sorry to hear of your loss. Is your mom still living and can you ask her or any other family members? If not try going through some mail or his checkbook registere to see where he may have made any payments. Doea your Dad have a will or anything that maybe will let you know if there was a policy?

Posted: 24 Nov 2008 05:49 Post Subject:

Good advises Firey :D tara, please follow what firey has said. You can also try the following as well. I'm sure that someone or the other will work.

  • Your fathers auto/home insurer. He might have bought the policy from the same company.

  • Ask his financial advisor or lawyer, if you know him/her.

  • Check with his present and previous employer.

  • Try to go through his past two years income tax files.

  • Contact the state insurance department. The National Association of Insurance Commissioner has a system called the “Life Insurance Company Location System” eich helps you finding the company that might have written the policy to your father.

  • Try the MIB database. The possibilities are there that the insurer might have pulled the medical report of your father in order to write the policy.

Posted: 15 Dec 2009 04:17 Post Subject: mom passed away

My mom just passed away, Will my step father get everything of my moms. Land, vehicles, personal items? :( :(

Posted: 15 Dec 2009 09:26 Post Subject: insurance

Hello, ANONYMOUSME. Do you know if your mom had a Will/Life Insurance, etc? That kind of thing? If she does have a Will, it should who gets what (estate, etc.). If she doesn't have anything like that, I don't know if 'everything' would automatically go to your father or not. I'm sure one of the experts, on the Forum, will answer you soon.

Posted: 15 Dec 2009 11:25 Post Subject:

Will my step father get everything of my moms. Land, vehicles, personal items? :( :(

Most likely, they were married right? Did they have all their property in both names? (ie cars, homes etc.)

Posted: 16 Dec 2009 03:56 Post Subject: insurance

So, LORI..in a case like this, would everything automatically go to the spouse? I would think, even if there WAS a spouse involved, everything (money, estate, etc) would still have to be specified in the Will/Life Insurance.

Posted: 16 Dec 2009 11:41 Post Subject:

If there is no will, then I'd think so...remember life ins. is different, there is a named beneficary, and the money goes to that beneficary

Posted: 16 Dec 2009 05:37 Post Subject: insurance

That's true, LORI. I appriciate the clarification. I would WANT to have a Will so people know exactly what I would want.

Posted: 31 Dec 2010 02:02 Post Subject:

HOW CAN I GET A COPY OF MY MOM INSURANCE POLICY SHE IS DESEASED MY GRANDMOTHER WAS FIRST BENFICTNARY AND DAD WAS SECOND MY DAD READ IT HE SAID THE MONEY WAS LEFT FOR US BUT WE DIDNT SEE ANY OF IT

Posted: 31 Dec 2010 02:06 Post Subject:

IS THERE WAY I CAN GET A COPY

Posted: 31 Dec 2010 04:53 Post Subject:

No need to scream at anyone. You do not indicate when this all happened.

Is it recent or years ago? When did "mom" die? Did "grandmother" die prior to "mom"? Is "dad" still alive? Was dad alive at the time mom died?

If grandmother died before mom, and dad was the contingent beneficiary and still living, he would have been entitled to the policy proceeds -- no one else. What he did/does with the money is his own business.

If you are not the owner of the policy, you are unlikely to be able to get a copy of the policy without some sort of court order.

Posted: 10 Nov 2012 04:02 Post Subject: mom is dying

My mom is not going to make it through this weekend. Rare brain disorder. I took care of her her whole life then about 10 months ago there was a family dispute between my sister and I and I moved out of my mom's and my sister moved in to take care of her. what type of lawyer do i contact to make sure my mom's assets are divided equally between my sister and I. I know this sounds horrible, but I know the person my sister is and did all this to get my mom's money. I don't really care about the money but my husband says why should your sister get everything, she doesnt even like your mom.....confused from Maryland

Posted: 11 Nov 2012 01:24 Post Subject:

If you need an attorney, you would want one experienced in Estate and Probate laws.

Posted: 28 Nov 2012 12:45 Post Subject:

Your step brother may not receive a penny, as he is a child from your step mom. But the benefits can be distributed between you and your own sister.

Posted: 27 Jun 2018 12:16 Post Subject: life insurance

My mom put me as the beneficiary on life insurance but my father said I had to give it to him because he is still alive. Did I have to give it to him? And can I take him to court to get the money back?

Posted: 27 Jun 2018 12:16 Post Subject: life insurance

My mom put me as the beneficiary on life insurance but my father said I had to give it to him because he is still alive. Did I have to give it to him? And can I take him to court to get the money back?

Posted: 27 Jun 2018 12:16 Post Subject: life insurance

My mom put me as the beneficiary on life insurance but my father said I had to give it to him because he is still alive. Did I have to give it to him? And can I take him to court to get the money back?

Posted: 27 Jun 2018 12:16 Post Subject: life insurance

My mom put me as the beneficiary on life insurance but my father said I had to give it to him because he is still alive. Did I have to give it to him? And can I take him to court to get the money back?

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