Legal Question in Civil Litigation in Pennsylvania
life insurance policies
before my father passed away he wrote a note stating that 1/2 of his life insurance policy goes to his wife the other 1/2 goes to his children, my aunt signed the note . do i have any leagal action of getting this money from her? i asked her if she would honor the letter and she stated no. please help.
2 Answers from Attorneys
Re: life insurance policies
Your aunt would receive the money from the life insurance company. It's difficult to say whether or not you would have any legal recourse against your aunt based upon the information provided. Was your aunt named as beneficiary? Did your father give her anything to sign the note? Did she give your father anything in exchange for his making her beneficiary? Did your father say in the note that she was to hold the proceeds in trust?
Re: life insurance policies
Unfortunately, your father's letter is likely not enforceable. A life insurance policy isn't normally part of your father's estate, it's a contract with the insurance company. That contact probably requires all modifications be made in writing to the company.
Of course, you would need to see the life insurance contract to verify that. You likely want to retain an estate attorney to help you with the issues regarding the estate - the presence of the life insurance policy can affect that.
* Please understand this post is not professional legal advice, it is part of a general public discussion. For a professional review, you should formally retain a licensed attorney who can thoroughly investigate the facts and the law specific to your situation. Please also know that it is always recommended you find an attorney as soon as possible; time limits are very important and can affect your legal rights. *
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