Legal Question in Personal Injury in Louisiana
Leins
What do I have to do to put a lein on the insurance money from my son's biological mother? We had legal custody of him for 18 years. he never was adopted. His birth mother acoording to law will get all of the insurance money. We raised him and paid for the funeral and all. he was living with us when he died in a car wreck.
3 Answers from Attorneys
Re: Leins
As the father, you have at least just as much right to the damages for the death of your son as the birth mother has.
Re: Leins
why not intervene in the law suit ? If you intervene you should be guaranteed to protect your interest.
Re: Leins
As the father, you can open the estate. If the succession has been opened already by the mother, you can file a claim against the estate for the money owed to you for funeral expenses.
You should also inform the insurance company immediately that there is a dispute as to the money and have them institute a concursus proceeding for the money.
Insurance proceeds are outside of the estate and are payable directly to the insured regardless of succession law. I must assume from your question that the child's estate was the named beneficiary. If the mother was actually NAMED as the beneficiary of the estate, there may be very little you can do.
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