Legal Question in Wills and Trusts in Virginia
Estate
My question is - My father passed away 3 months ago and left the bulk of his life insurance policy to his friend and only a small percentage to me his daughter (only child). He had been living with his friend for 22 years, but were not married.
Last night while I was going throw some papers (divorce decree) that needed to be filed with the insurance claim forms. I noticed that the benificiary was soley supposed to be me (his daughter) and no one else until my 18th birthday. This was not the case.
Since my father violated the divorce decree agreement does it make the life insureance policy null-void, (please note that as to date I am well over the age of 18)and if so am I the soley benificerary.
2 Answers from Attorneys
Re: Estate
It doesn't make the designation null & void on its face, but it *may* give you a claim against it. The problem for you is that since you were over 18 at his death, the decree wasn't being violated at the time of his death, but it sounds like it may have been earlier. However, since he did not die while you were under 18, you arguably have no damages for that violation of the decree. My guess is that under the facts you state you have no recourse, but I would confirm that with additional research into the issue.
If he has any other estate assets, you may have interest in that. Have you looked into that possibility?
Re: Estate
This is a classic agreement to make a will or purchase and maintain a life insurance contract which is enforceable in a court of law. You have to file a claim against the estate and institute an action in the probate case if one is opened. If one is not opened or won't be, you must file your own case in the court which would have jurisdiction. I suggest you see an attorney to assist you in filing the action in the proper court.
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