Legal Question in Family Law in Michigan
Insurance Policy
My dad had a child out side of his marriage to my mother. My dad was murdered by his mistress, who happens to be the mother of his illegitimate child. My mom is the sole beneficiary on the insurance policy, there isn�t a will. My question does my father�s illegitimate child have any rights to the money? Can her mom sue my mother for any money?
2 Answers from Attorneys
Re: Insurance Policy
Only your mother will collect on the policy (assuming that she's the only name beneficiary of the policy.)
www.MidMichiganDivorce.com
Re: Insurance Policy
The illegitimate child has no right to the money. A beneficiary of an insurance policy gets the money pursuant to a contract. The money was not part of your father's estate. If the money was part of your father's estate, the illegitimate child would have a claim to it, but only after his wife got her share allowed under the law. So either way, the other child gets nothing. In Michigan, the widow gets the first $160,000 of the estate and after that, the kids split what is left with the wife, 50/50. That is why the child would get nothing either way. William S. Stern
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