Legal Question in Wills and Trusts in Oklahoma

My children who are 16 & 17 would like to recieve their inheritance now. Can they contest the life policy, stating that they cannot recieve it untill they are 18?


Asked on 3/02/10, 9:46 am

1 Answer from Attorneys

Mitty Means Mohanty Means, P.C.

The policy language will control as it is contract between the person who purchased the policy (grantor/testator) from a life insurance company. If you are not the person who purchased the policy or if you are not the trustee, then you cannot change its provisions. The policy or trust provisions will control.

If you are the trustee and you have complete control over the assets in the Trust, or you are the creator of the policy, then notify the insurance company that !) the distribution provision must be enforced; or 2) change the distribution provisions to pay out later when your children are more responsible or they will need to go to college, or some other specified reason. Generally, the stated reasons in a Trust are "health, education and welfare". It is rarely to buy a car or purchase something else.

Remind them, Inheritance means after death of the testator/grantor..

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Answered on 3/07/10, 11:17 am


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