My mother passed away April 30, 2009. My stepfather was the recipient of her life insurance, but before she passed there was a notarized document that they both signed (as well as two witnesses) saying that my Mother wanted my brother and I both to each receive $10,000 immediately upon payment from the Life Insurance Company. To date, we haven't received any money and my stepfather will not return any of our phone calls. My brother and I are both in the military and stationed in other states.
Do we have a right to this money? Everyone in my family KNEW that my mother wanted us to receive this money because she told them, but I'm afraid that just a notarized document will not hold up in court since she did not have a proper will. Please advise.Legal Advice - Stepfather won't give us our portion of Life Insurance from Mother's death?
You need to consult a trust and estates attorney, preferably either one with litigation experience as well or who is in a small firm or partnership with a litigator. Trust and estate laws, which govern the laws regarding the distribution of a decedent's assets are very specific about the requirements of a document expressing the wishes of a decedent regarding such distribution, i.e. your mother's life insurance proceeds. The notarized document you mentioned may or may not be enforceable because in many situations in some jurisdictions, if there is a conflict between such an instrument and the last valid will, the provisions of the will prevail.
Bring copies or better if you have it, the original document to which you are referring, to the attorney. They may want to move fast to get an injunction against your stepfather to protect the assets.
Edit: It is a gross mistatement of the law to assert that the only thing that counts is the designated beneficiary on the life insurance policy. That only addresses the legal obligations of the insurer NOT the beneficiary. Read the person's question more carefully. She is asking about the beneficiary's obligations to the decedent and her heirs pursuant to a written agreement between the decedent and the beneficiary as to what the he had agreed to do upon receipt of the insurance proceeds.
Again, this is why I recommend the person have a live consultation with an attorney. There may be additional facts that come to light which are extremely relevant, and the danger of taking unqualified advice from laymen is clearly evidenced by some of the answers here.Legal Advice - Stepfather won't give us our portion of Life Insurance from Mother's death?
Pieces of paper don't matter, whether they're notarized or not.
The ONLY thing that counts is the designated beneficiary on the life insurance policy itself.
If she really wanted you and your brother to have the money, she should have filed the paperwork with the insurance company.
Then, they would have written the checks accordingly.
She didn't.
They didn't.
The money legally belongs to the designated beneficiary on the insurance policy.
Get a lawyer. The people on this board saying that the only thing that matters is what it says on the policy are wrong. The policy beneficiary is who the insurance company is obligated to pay. However, your mother can then direct that certain monies be paid a certain way. This is all highly technical stuff where a good estates attorney would be helpful.
the insurance company has to by law pay the beneficiary listed on the policy no way around that.
you will have to sue and hope that this ';note'; stands up in the eyes of the judge....is it worth the cost and aggravation?
sorry for your loss it is a shame you have to deal with this but the fact is it happens all the time with families.
You will need to take him to court. Life insurance goes directly to the beneficiary so your mom should have changed the beneficiary list instead then you would have gotten a check.
Sorry for the loss of your mother and that she didn't take care of this right, hope the court gets you the money from him.
Do not know much about law, but if its signed and witnessed and part of the will or the agreement - then yes.
But if its hearsay or verbal - then no.
If you have actual proof of this - go to court - but remember - lawyers will milk you - be right or wrong.
i don't see a reason for you to need that money
since you are in the military and they provide all your needs to live life like a normal person
and you don't have to pay tax so think of the $10000 as you life time tax
You need to sue him. He is not going to give you the money so you better do something to get it before he spends it all, if he has not done so already. the notarized document is your proof. I hope you have a copy of it.
Talk to an attorney. Sometimes just a letter from an attorney, laying out the consequences a person may face is enough to get them to act. And that shouldn't cost you very much.
Even if it was just notarized it's still a legal document and he signed it. That money is rightfully yours.
Im pretty sure that it will hold up in court if it can be demonstrated with evidence that it was her wish.
anything notarized should...contact a lawyer and get a plan into action
First off, sorry for your loss.
This is one of those where I will tell you exactly what to do and sorry like most people will ignore the advice. But I will try.
1. Good faith vs bad faith. When someone shows bad faith like your stepfather is doing, then do not expect them to help you.
2. Call the insurance company directly. They are supposed to make sure the correct person gets paid. So do not let them say call your stepfather, he should not need to be involved.
3. If there is ANY hiccup you must hire an attorney in the area where your mother lived.
A will usually does not impact a will, that is why the beneficiaries are listed with the insurance company. But having insurance noted in a will can be helpful.
a%26gt;
Did she have any debt? How much was her life insurance policy? How much was the funeral costs? I mean I just lost my aunt who was like a mother and although your mom wanted you to have the money sadly ANY debt can be taken out of her policy and then the insurance is used for the funeral. Either way though a notarized copy does hold up in court but I'm not sure if any money is left after people ';get their share'; who are legally allowed to before the money is available to use even for the funeral.
EDIT- Contact a lawyer NOW! If there are no debts etc you should have gotten the money. Your mom didn't change the beneficiary BUT the notarized copy should be enough. That bastard who your mom loved is taking advantage of this.
