Legal Question in Family Law in Virginia
The mother of my child put on the will to leave her sister as the legal guardian of my daughter. She also put that her estate of life insurance would go to my daughter. Now that she passed away, I have full custody. Unfortunately her family is saying that I either give her sister joint custody or break the will in order to get the insurance claim or else it goes to the state. Is this true? And if it is, how bad is it to break the will?
1 Answer from Attorneys
No, it's not true under the circumstances described, and, furthermore, since
most life insurance policy proceeds pass outside of a will to the beneficiaries (or beneficiary) named in the policy, it may be that all you need to do is verify
with the insurance company involved whether your daughter has been
named as the beneficiary of her deceased mother's policy and then present
the insurance carrier with a certified copy of the mother's death certificate in order to receive the insurance proceeds as the child's legal guardian and caretaker.
Your collecting the insurance proceeds in your daughter's behalf as outlined above would not in my view constitute any "breaking of the will" irrespective of
what this particular family may be claiming.
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