Legal Question in Insurance Law in Arizona

Minors as beneficiaries

My childrens mother who lives in Florida was killed last month in a car accident. She had a life insurance policy through her work that named our kids as the beneficiaries. How do the funds get distributed to them? Does it come in my name as their parent and legal gaurdian? They both live with me and their ages are 10 and 11. Someone told me it had to go into a trust until they are 18, Is this true? Because their mother was a source for their health insurance plus other support which we will not have anymore, we could sure use it.

Thank you


Asked on 2/10/06, 3:50 pm

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Minors as beneficiaries

I offer my condolences for your family's loss.

First, you indicate they are your children's mother. Am I to presume she was your ex wife? If she was killed in an accident, your children would have a right to make a wrongful death claim. We have handled many of these cases, but they can be complex. You are invited to call us at 480.835.1500 or send me an email at [email protected] for more information without obligation.

I do not know which insurance company it is in this case. The answer may depend upon their policies, and the amount of the insurance. They may pay it directly to the parents, but be aware that it is the children's money, and may be subject to some restrictions, such as placing it in a "custodian" account. The insurance company may also require that a conservatorship be set up through the court. We also do those cases as well. If there was a child support order, be aware that you may have a claim as a creditor of the estate for child support. Also, the children have special rights in the estate. Your message makes no mention of an estate. Was there a will or trust left by the mother? Is there an estate? I need more information to help you. Feel free to contact us for more free information.

Best regards,

James D. Jenkins

Read more
Answered on 2/10/06, 11:36 pm


Related Questions & Answers

More Insurance Law questions and answers in Arizona