Legal Question in Wills and Trusts in Virginia

My daughter's father passed away in Michigan Mar 09 (a long painful battle with brain cancer). Long story short, his parental rights were terminated in 04 because of sexual abuse. We moved out of the state immediately afterward to escape his (his family's) stalking. I was contacted by an attorney last week with regard to a life insurance policy that had my daughter listed as a beneficiary. However in January of 09 the policy was quickly changed to reflect a 50/50 split only listing his parents as beneficiaries. The attorney said the parents are concerned about us contesting this...and want to work out a "deal." HHHMMM. This deal would result in my daughter receiving 10 thousand less than what was listed previously. I am surprised she is even entitled to anything given his rights were terminated. With a quick search of the attorneys I discovered that they have been disciplined for unethical/unprofessional misconduct. Please tell me what my next steps should be...I live out of state. Very Respectfully....

Asked on 8/07/09, 1:51 pm

Cary Moseley Law Office of Cary Powell Moseley, PLLC

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The termination of rights should have nothing to do with whether she was the beneficiary or not.

Just because they have a prior disciplinary history does not mean they are bad or dishonest people. Even good people make mistakes from time to time.

Rather than doing your own research on unrelated issues, you should consult or even hire an attorney to look into this for you.

Some questions come to mind. How was the policy changed, changed by whom, and why?

Good luck.

Answered on 8/12/09, 2:10 pm

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