Recently Deceased Deadbeat Dad

[kbenton]

What is the name of your state? Texas

I have 3 children that are now 23, 19, and 18. Their father abandoned them, and stopped paying child support in 1989. He passed away in October of this year (2003). He had life insurance. He named his dad as beneficiary, and apparently has already received the money. I believe he named his dad as his beneficiary so that his company would not find out that there is a court order for his wages to be garnished for child support. If he had named his 3 children instead as his dad beneficiary, there might have been the possibility of his company finding out he owed and should have been paying child support. His autopsy still has not come back from the Harris County Coroner's office yet. Is it possible that his dad has received the life insurance? His brother said that he has. I was told that he had no will.

Do I and/or his children have any legal rights to his life insurance, or any other money from his current employer, due to him owing me 14+ years of child support?

Does his children have any rights to his social security?

 

[TLWE]

The life insurance policy and will issues are separate. He could name anyone he wanted on his life insurance and you can't really do anything about that.

If there was no will, his children should be his heirs...depends on the state laws of Texas. Also, if he remarried...his wife obviously would be an heir. But if he had no estate or assets, then there wasn't anything to inherit anyway. You should check on this in the Wills and Probate forum of Free Advice.

Social Security:

Who is eligible for survivors benefits Social Security survivors benefits can be paid to:

A widow/widower -- full benefits at full retirement age (currently age 65), or reduced benefits as early as age 60
A disabled widow/widower -- as early as age 50
A widow/widower at any age if he or she takes care of the deceased's child who is under age 16 or disabled, and receiving Social Security benefits
Unmarried children under 18, or up to age 19 if they are attending high school full time. Under certain circumstances, benefits can be paid to stepchildren, grandchildren, or adopted children.
Children at any age who were disabled before age 22 and remain disabled.
Dependent parents age 62 or older
Our Calculators can help you figure how much your benefits will be.

http://www.ssa.gov/ww&os2.htm

 

[kbenton]

So there is no way to dispute a beneficiary on life insurance? I just read on the ACLI website that if fraud or incompetency is proved, then it can be disputed. I understand it is very difficult to fight this, but if he was hiding the fact from him employers that he was not paying a court order to have his wages garnished for child support, it seems that this would be one of the top reasons to fight it. Not supporting your children and evading child support seems to me to be fraud.

 

[nextwife]

Who was the Owner of this life insurance? THere is some life insurance I have on my husband that is neither owned by him, bought by him, nor paid by him. If the life insurance against him was not HIS, it is unlikely you can use that rational.

What are you looking for from his employer? Retirement funds? Accidental death benefits? AS he is deceased, these are likely all that the employer would have to collect against. Does he have a spouse or other assets of his own?

 

[kbenton]

I am referring to the deceased as the father of my three children, that has never married again since we divorce in 1987. I believe the life insurance was paid for by his employer, but he named his dad as his beneficiary. I am wondering if I can dispute that because he did not pay his court ordered child support for 14 years. I am certain he didn't name his children as beneficaries because he was evading child support, so I am wondering if I have grounds for disputing his beneficiary on counts of fraud and incompetency.

 

[TLWE]

Well you CAN dispute it, but it isn't easy. If he didn't lie on the insurance application and he paid the premiums, and he didn't fake his death so his father would get the insurance....he didn't commit fraud. Also, it is possible his dad bought the policy.

CS and life insurance are like CS and visitation, they don't go hand in hand. You can't force someone to make you or anyone else the beneficiary. If you live in a community property state, your spouse must give his or her consent before you can name anyone else as your beneficiary.

Basically his life insurance is untouchable.

Your children being adults could go after his estate.

 

[kbenton]

His company he was working for paid for the premiums, not his dad, or him. He abandoned his 3 children 14+ years ago, and did not talk to his brother or his dad for eight years. It seems like fraud if he lied to his employer that was supposed to be garnishing his wages under court order for child support, and was paying for the life insurance. That is my point. I read on the American Council for Life Insurance that you can dispute the beneficiary in rare, cases, like fraud, or imcompetency. I just may give it a shot. All they can say is no.

 

[gobonas99]

As TWLE stated, in community property states, your spouse must give his or her consent before you can name anyone else as your beneficiary (including children).

BUT, you and he were divorced, and you stated he never remarried. Therefore he could name ANYONE HE WANTED as his beneficiary. He named his father. This would in NO WAY be considered fraud. There is no law that states one must name their children as beneficiaries - although most people do.

It is not that surprising, really, considering he didn't care enough about his kids to pay support, so why would he be caring enough to name them as his beneficiaries??

-Christina

 

[Lil Miss Smarty Panties]

OK I'm going to ask the million dollar question...

Was there a wage garnishment for CS? Did his employer know about the wage garnishment? Was his employer sent an official notice to garnish the mans wages????

 

[VeronicaGia]

His company he was working for paid for the premiums, not his dad, or him. He abandoned his 3 children 14+ years ago, and did not talk to his brother or his dad for eight years. It seems like fraud if he lied to his employer that was supposed to be garnishing his wages under court order for child support, and was paying for the life insurance. That is my point. I read on the American Council for Life Insurance that you can dispute the beneficiary in rare, cases, like fraud, or imcompetency. I just may give it a shot. All they can say is no.

None of this matters. Once a beneficiary is listed on a life insurance policy, the policy goes straight to that beneficiary. His life insurance has nothing to do with his child support, and he is allowed by law to name anyone he wants as his beneficiary.

 

[ellencee]

I searched the web for life insurance beneficiary laws for Texas. I found that TX has specific laws about inheritance and about beneficiaries. The life insurance designated as to the deceased's father is untouchable for any debt or obligation of the deceased; the benefits belong exclusively to the deceased's father. Forget about trying to get any of the money as payment for past child support; it is not going to happen.

From what I read on TX inheritance laws, the children from a prior marriage get an equal share with the current spouse. As there is no current spouse, and if there is no will, the children get everything. Therefore, I see no point in attempting to collect the debt via the deceased's estate unless the mother wants the children to pay (her) the dad's past due child support.

The children need to find out if a will was left and if the process of probating the will has begun. If there is no will, then the children need to file a will intestate. The children need to make an appointment with an attorney and gain an understanding of what they can and should do.

EC

 

[kbenton]

I want to thank everyone for your responses. I've talk to two attorney's and they've both confirm what you've told me. His life insurance is untouchable. He did not have a will, and my 3 children have received his possessions (which wasn't much). I've decided, and really always known that they have been fine, and grew up to be wonderful adults without his money, so this is the way God must have meant for it to be.

Thanks again, and Merry Christmas!!!

 

[TLWE]

Kathy

Happy Holiday's to you too!

If you don't mind a personal note here...Even though your ex obviously wasn't a good father, might want to suggest your kids talk about him in some type of support group or counseling. Now that he has died, there is NO chance for him to ever try to be a father, and that is sad.

Again, Merry Christmas and I hope the the New Year is bright and happy for your family!

 

[kbenton]

I will suggest the support groups to them, and I will join them, because I know I could use it too. It also helps that my mom is a social psychotherapist. She is at the top of her field, and specializes in family matters, and couples. She has been a God sent!

Thanks so much for your great advise!