Legal Question in Wills and Trusts in Illinois
Life Insurance Beneficiaries rights
my father died September 3, 2003. He had 4 life insurance policies, 2 made out to my mother as beneficiary, and 2 others which named my mother, my sister and I as primary beneficiaries. We had no idea my dad had put 3 of us as primary beneficiaries until after his death. My mother wants part of my sisters, and my half. Should she be entitled to it?
1 Answer from Attorneys
Re: Life Insurance Beneficiaries rights
Because the insurance proceeds pass out of probate, your mother has no legal right/remedy to demand a portion of the proceeds payable to you and your sisters. Your mother may have an action that your father intended something other than what was actually done in the beneficiary designations, but that would depend on the facts surrounding his completion of those beneficiary designations. Absent duress, etc., you and your sisters are legally entitled to your share.
The real issue is whether you want to upset your mother. She can disinherit you and/or your sisters entirely under existing Illinois law. You may consider going slow with her in "standing on your legal rights" to avoid or mitigate this consequence. Depending on the amounts involved, your mother may be open to alternatives none of you have discussed.
Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.
We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.
As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.
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