Legal Question in Wills and Trusts in Florida
Life Insurance Proceeds
My middle brother and middle sister
were named beneficiaries to a life
insurance policy. They then took the
proceeds and divided it equally
among the six siblings; however, the
oldest brother contests this, stating
that the money should have gone
into a grandchildren's trust. The
insurance co. did produce an
imcomplete, unsigned application
which lists the beneficiary as ''trust.''
He's submitted pages and pages of e-
mails and letters written to and from
our mother but nothing that
indicates such a trust was ever
devised. Why can't this issue be
quickly resolved in court? Or should
we expect to be fighting this for
years?
2 Answers from Attorneys
Re: Life Insurance Proceeds
First, it's not clear to me if suit has actually been filed. If it has, then whoever is representing the middle brother and sister needs to evaluate it and try to resolve it quickly. There are ways to do this; but I can't specifically tell you how to do it because I'm not involved in the suit and I don't know exactly where it is at.
If suit hasn't been filed, then suit hasn't been filed. I don't know what the statute of limitations is on this, but eventually it will pass and he won't be able to bring suit.
Re: Life Insurance Proceeds
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.
If the matter is brought into court, it will usually be resolved in a relatively quick period of time. Of course, the attorneys for any party can stall the litigation but the state court system tries to move cases along. It should not take years fighting over the issues.
Scott R. Jay, Esq.
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