Fathers Life Insurance

by thenewblackhand » Mon Feb 01, 2010 01:26 am

Ok This has been about 3 years now. My father passed away in a car accident in 2007 naming me and my aunt as beneficiaries. 50% each. My father told me my aunt was to give me the money at a later date. My aunt is saying she knows nothing about this and has not intentions of giving me the other half of the policy. Being there is nothing written do i have a legal standpoint to fight this or should i just chalk it up. Any help would be appreciated. She also has 15 acres of land that my father had in her name that should be mine. I am beginning to think I will not receive any of this.

Total Comments: 7

Posted: Mon Feb 01, 2010 09:41 pm Post Subject:

If you were each 50% beneficiaries, there would certainly be something in writing....have you called the insurance company to ask what's in their records? If you were split as primary beneficiaries, you have a contestable case. If you were a contingent beneficiary, then you would have no right to the money.

Posted: Mon Feb 01, 2010 10:20 pm Post Subject:

Were you always 50% beneficiaries? How old were you when the policy was issued? I don't see a contestable case here. Dgoldenz please (because I'm interested) what gives the OP a contestable case if both primary beneficiaries?

Posted: Mon Feb 01, 2010 10:33 pm Post Subject:

Your dad may have told you that you were supposed to get 50%, but does the beneficiary information actually say that?

The contestable part is if the OP was supposed to get 50% and the insurance company didn't give it to him. I doubt that this is what happened.

Posted: Mon Feb 01, 2010 10:34 pm Post Subject:

If he was cited as an equal split primary beneficiary on the policy and was a minor at the time, it would have had to be decided in court who would hold the money until age 18 unless there was a trust involved, but doesn't sound like there was....if your dad just put your aunt as a 100% primary beneficiary and told her to give you half when you turned 18, then you're out of luck. Sounds like the same thing sdchargersfan was having a problem figuring out....

Posted: Mon Feb 01, 2010 10:42 pm Post Subject:

My aunt is saying she knows nothing about this and has not intentions of giving me the other half of the policy.




I took this to mean they were listed at 50% each and it was paid that way and she will not give up the other half.

Posted: Mon Feb 01, 2010 10:49 pm Post Subject:

I'm pretty sure he meant that the aunt was supposed to give him 50% of the total benefit, though I can see how you would read it that way.

Posted: Mon Feb 01, 2010 11:07 pm Post Subject:

Being there is nothing written do i have a legal standpoint to fight this or should i just chalk it up. Any help would be appreciated. She also has 15 acres of land that my father had in her name that should be mine. I am beginning to think I will not receive any of this.

This is (unfortunate for you) a prime case of what happens when things are not written legally.

I totally understand your Daddy, thinking, I'll let her have half of the benefit now, and sis will put the other half in safe keeping for a few years and give her the other half then. Same with the ground. But either Dad never made this clear to his Sister, or Sister/Aunt is a snake. Either way with nothing in writing from Dad, I see no way you could contest any of this.

If it's true and your Daddy told his sister this, and she's a snake, well shame on her, and believe me she'll get hers in the end. I would (personally) severe ties with someone who could knowing do this.

Let me ask you a couple of things....
How old were you when your Daddy died?
Did his sister take care of him ?
Do you have any brothers or sisters?
Did your Dad have other siblings?

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