Legal Question in Wills and Trusts in Michigan
My mother is stealing the insurance money
My father died just 2 weeks short of my 18th birthday. His life insurance listed my mother, his ex-wife, as beneficiary. He told me that when I turned 18, he would change the insurance to my name. With me being a minor, he trusted my mother to give the money to me. My mother, who is having financial problems, has threatened not to give me anything. Is there a way to dispute his life insurance beneficiary choice? She is no longer family. I am his only family left. I beleive that it is my god-given right to his estate.
3 Answers from Attorneys
Re: My mother is stealing the insurance money
The answer to your question could be quite complex, and I would do you a great injustice by attempting to give you a 'canned' answer. This is what I can say based on the facts you have given to me: In Michigan, the person named as beneficiary of the Life Insurance policy takes even if there has been a divorce. However, Michigan Law also states that when two people are divorced they can no longer take as beneficiaries under a will. You may still be a minor and that may play a role in the outcome of this situation, but I cannot know for sure without first reading the divorce and separation papers, and your father's will. If you would like to discuss this matter further do not hesitate to contact me for a consultation (734) 944-2269.
Kindest Regards,
Geoff Lahn
Re: My mother is stealing the insurance money
It would be hard to give you an accurate assesment without looking at the final judgment of divorce and other documents. It is certainly possible and most probable that your mother has no right to the policy. Feel free to call my office to discuss the matter further. Best Wishes! (800) L A W - 6 6 8 5
Re: My mother is stealing the insurance money
I have received a copy of your e-mail regarding insurance proceeds from your father's death. I have also reviewed the 2 answers that preceded this one. They have already provided you with valuable information. I suspect that the key will be in the divorce papers. Frequently a spouse's right to insurance proceeds upon the death of the now ex-spouse are specifically extinguished in the Judgment. Secondly, though, judgments often provide that the insurance proceeds are to go to the surviving "custodial" parent to the extent that they are necessary to continue the support that would have been available had the non-custodial parent not died. Feel free to give my associate, Helene Phillips a call if you would like further information. Good Luck, John C. Talpos (http://www.Mich-Lawyer.com)
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