Legal Question in Wills and Trusts in Tennessee
Beneficiary for a minor
My daughter is now 17. My x-husband (her Father) has died. In my divorce, the Court ordered him to carry life insurance on her for $25,000. Twice he stated he had done this but never produced any papers on it. He died in December, 2000. We found out February 12, 2001 by accident. After much phone calling, I found out he never mentioned her as a beneficiary or carried her on his medical insurance. His employer's Human Resources Department was never aware he had a daughter. Now I'm told she will received nothing from his death. Are there not any laws protecting her on this? Surely she has rights to receive something. She has been receiving a Social Security Disability check on him, and the write-up in the obituary column of the paper listed her as a survivor. Can you please advise if anything can be done to help her receive anything?
Thank you.
2 Answers from Attorneys
Re: Beneficiary for a minor
In a 1999 case, the Tennessee Supreme Court imposed a constructive trust on life insurance that named a beneficiary other than the child stated in the divorce decree. In short, the child in the same position your daughter is in was able to collect the amount of other life insurance paid out to others. You may be able to accomplish the same thing as to probate assets if your ex-husband didn't have any other life insurance.
Re: Beneficiary for a minor
Your daughter may have an equitable action
against the estate for the sum of the life
insurance policy that should have been
maintained for her benefit. This presumes
the estate is solvent and has the money
to pay.Of course, the beneficiaries of the
estate may resist the action.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
