Legal Question in Wills and Trusts in Massachusetts

Re: life insurance

I am sorry to hear about this problem. I would want to hear more details as to how your son's father died, but as a general matter a life insurance company is limited in the grounds upon which it can fail to pay a life insurance claim. Those grounds would be basically the following:

1. That the insured died as a result of an activity that he said in an application for insurance that he did not engage in (e.g. skydiving)

2. That the insured made a misstatement or misrepresentation in the application about his health or medical history (e.g. insured stated he has never had cancer when in fact he had had it some years earlier), and that this misstatement increased the risk that the insurer would have to pay a death benefit so soon.

3. That the insured committed suicide (if there's an exclusion in the policy whereby the insurer can be relieved of the obligation to pay the benefit death was by suicide. However, this is usually effective only for the first year or so that the policy is in existence).

Please contact me if you wish to discuss these issues further. My web address is www.lawfang.com

Re: life insurance

You don't state whether your son is named as the beneficiary of the insurance policy. If he is, the insurance company will likely insist that you be named conservator for him, but it should be fairly easy to get the distribution once that's accomplished. If he isn't named as the beneficiary, you'll have a tougher road.

Please feel free to contact my office if we can be of assistance.

Re: life insurance

First of all, please accept my condolences upon the loss of your son's father.

I would also be interested in knowing the circumstances of his death, as that may be relevant in understanding the behavior of the insurance company.

I would also be interested in knowing who was named as beneficiary of your son's father's insurance policy. If it was your son, you will likely need to be appointed to take the money on his behalf. If it is not your son, but the son's father had an obligation to name him as beneficiary (under a separation agreement or other order), then you will probably need to take legal action to obtain the money in question.

Please don't hesitate to contact my office should you have any questions, or if you would like some assistance in sorting out the legal issues.

Re: life insurance

there are two aspects to this matter. First is getting the insurance carrier to accept liability and more information is needed to determine the issues related to that matter.

Second, you do not state who the beneficiary is under the policy and if under your divorce, separation agreement or support agreement the father was required to provide for his son.

since you do not refer to the deceased as your ex- I assume you were not married.

I suggest you contact an attorney ASAP.