Legal Question in Wills and Trusts in New York
Insurance Interpleading
In 2001 then husband and I executed settlement agreement listing our children as irrevocable beneficiaries to his life insurance; 2002 exhusband changes beneficiaries (unbeknownst to me); exhusband died 2003; in 2004 insurance company file interpleader against claimants; I am the only one (out of 3) who responds to any papers; judge dismisses insurance company; insurance co. deposits $ into court; judge terminates the case, without signing any of my motion papers (summary judgment and order). what do i do?
2 Answers from Attorneys
Re: Insurance Interpleading
I am not sure what your summary judgment papers were for? Were they just supportive of the insurance company's request to interplead the funds into Court? If so, you must now go back to Court to raise your claim that the change of beneficiary was violative of the settlement agreement, and, if to be signed by you, had your signature forged. You want the proceeds to go to the children, or their legal guardian if they are minors. This reply is based upon the information provided. If the closing of the case was for any other purpose, you will need to check with the court as to what happened and, perhaps take an appeal or move to vacate the earlier judgment. I need more facts to give you better information.
Re: Insurance Interpleading
Your narrative raises a number of questions. What court were you in? Did the judge issue a written decision? Were you represented by an attorney? How long ago did this decision happen? Such a complex problem needs more than a brief line or two for proper evaluation. You need to consult with an experienced attorney. We would be happy to sit down with you -- the initial half-hour session is free -- to explore your options. Please call us at (212) 387-7787.