Legal Question in Wills and Trusts in Florida

Re: Life insurance beneficiary

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A life insurance policy with a designated beneficiary will only go to the named beneficiary unless he or she is no longer alive and then it goes to the alternative beneficiary or the decedent's estate if nobody is named as the alternate. You have the absolute right to apply to the insurance company for the death benefits paid by the policy. If your stepson refuses to disclose the information regarding the policy, retain an attorney to file a motion in the probate case and/or take the depostion of your stepson to get the required information. You will need a certified copy of the death certificate in order to file the claim.

Scott R. Jay, Esq.

Re: Life insurance beneficiary

THIS IS NOT LEGAL ADVICE.

Bottom Line: He likely cannot keep the life insurance money from you.

You are the beneficiary under the policy. He is the executor of the deceased's estate and handles the probate matters. An executor cannot control assets that pass outside of probate. An insurance policy is one of the assets. Thus, the proceeds of the policy pass to you outright.

Please consult with a qualified attorney regarding your particular situation.

Re: Life insurance beneficiary

Without proof, it is your word against his

Re: Life insurance beneficiary

Life insurance is not a probate asset.