by hallecon27 » Tue Feb 19, 2013 12:08 pm
My Father recently passed away and had named our minor half brother from his last marriage as the beneficiary to his life insurance policy. My question is, in the state of Louisiana, do we older children have rights to a portion of the policy pay out?
Posted: Tue Feb 19, 2013 01:07 pm Post Subject:
You have no rights. He can name anybody that he would like.
Posted: Wed Feb 20, 2013 03:02 am Post Subject:
in the state of Louisiana,
It doesn't matter what the state is, as written above, assuming there are no issues concerning mental/cognitive capacity, a person is generally free to name anyone or anything as the beneficiary of a life insurance policy.
In certain situations involving group life insurance, in order for a person to name someone other than his/her spouse as the life insurance beneficiary, the spouse must give written consent to allow this. But once consent is given, the right of the employee to name anyone or anything as beneficiary is absolute.
Posted: Thu Feb 21, 2013 05:43 am Post Subject:
I may have not made my question very clear- my question was not wether or not he could name him as his beneficiary- he could name the milk man if he wanted to. My concern is, with him being a minor, I know that he has to have a court appointed " tutor" to oversee it until he is of legal age, which is 18 in the state of Louisiana. My question was- Do my sister or I have any rights to take on that role- or is it automatically granted to his legal guardian?
Posted: Thu Feb 21, 2013 08:31 pm Post Subject:
I know that he has to have a court appointed " tutor" to oversee it until he is of legal age, which is 18 in the state of Louisiana. My question was- Do my sister or I have any rights to take on that role- or is it automatically granted to his legal guardian?
I doubt that the State of Louisiana requires a "court-appointed tutor". And why would you think you are better suited to be in contact with your father's life insurance money than the mother of his child?
On its face, your question seems to be motivated by greed, or malice, or anger.
Greed: My father didn't leave me any money. I want some.
Malice: I don't know why he ever married that woman and created my half-brother with her.
Anger: My father didn't leave me any money. I want some.
In any event, for your wish to come true, you will have to hire an attorney and fight the matter at your own expense in Family or Probate Court. Even if you somehow managed to win, you cannot be reimbursed for your legal fees from your brother's life insurance proceeds. And you cannot touch his money for your own needs or benefit. To do so is a "fiduciary crime" known as THEFT, and you could be imprisoned for doing so.
I certainly am not trying to judge your motivations, just pointing out what it appears to be to me at first glance.
If "mom" is a drug addict or alcoholic, there could be circumstances that weigh in your favor (or at least are not in hers). But the court, if it smells a whiff of greed or malice in this, will toss your petition right out the window.
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