Legal Question in Wills and Trusts in Alabama
inhertanceforaminor
My sons father died i was the beneficiary on the policy. We got divorced and his sister became power of attorney changed the beneficiary and will not give my child any money. What legal right does he have and is the life insurance policy a contract or part of the estate? Can I sue her for the money on behalf of my son ?
2 Answers from Attorneys
Re: inhertanceforaminor
The life insurance is a contract between the insurance company and the policy owner. The proceeds have to be distributed to the named beneficiary, and are not part of the estate. That being said, if your ex-husband was required to maintain life insurance naming your son as beneficiary in your divorce agreement, you may have a breach of conract case against his estate, and possibly a case against his sister for breach of fiduciary duty if she changed the policy beneficiary in violation of said divorce agreement.
If there are any other assets in the estate, you may want to petition the probate court to open an estate administration for your ex-husband. If you do this, you should also go ahead and petition for the statutory exemptions your son, as surviving child, would have a right to, if there are assets in the estate to cover them.
For your issues, consult a local attorney who practices family law. He or she can advise you on the particulars of your situation. Good luck!
Re: inhertanceforaminor
Norma is right. Consult an Alabama attorney who is familiar with divorce to get your questions answered. It will be money well-spent.
William Nolan
www.NolanElderLaw.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
