My sister n law with 5 young kids left her mother as benefic

by Guest » Mon Jun 15, 2015 08:33 pm
Guest

My brother and her divorced 2 years ago. They all had an amicable relationship after the divorce. Last weekend she tragically died in a car accident. My nieces and nephews aged 5-16 should be the rightful beneficiaries. I don't understand why she left it to her mother even though we all knew her kids were her life. Could my brother file a lawsuit to have the money be placed in a trust for the kids education? We are talking of over 1/2 million dollars.

The mother already filed a claim a few days ago and has no plans to give the money to the kids other than a little at a time (her words). Whatever that means.

Any guidance is greatly appreciated.

Total Comments: 2

Posted: Mon Jun 29, 2015 01:55 pm Post Subject:

I don't understand why she left it to her mother even though we all knew her kids were her life.

Probably advised by an insurance agent to do this. But if that's true, it was very bad advice. Many agents are trained to ask, "If you died, who would you want to take care of your children?" and when they get the answer to that question, then they say something like, "Well, the insurance company cannot pay the money to your children, so you should leave the money to the person who will care for your children."

The part about paying money to the children is mostly correct, but paying the money to anyone else makes it their money and they can do with it as they please. Money intended for minor children should be named to the children or to a trust for the benefit of the children. If named to minor children, the court will set up trusts for each of them. Better to use a life insurance trust than leave it up to the court.

There is little that can be done now. Suing to get the money for the children is probably a waste of time and money. If Grandma does not want to part with the money, no one can force her to do that.

Posted: Thu Apr 28, 2016 11:52 am Post Subject: LQRfaHhUfAPUEaOt

I just hope whoveer writes these keeps writing more!

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