• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Beneficiary question--really need advice---mother died, aunt took all the money

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

milo15

Junior Member
What is the name of your state? Virginia

My mother passed away in 2004 from cancer when I was 19 years old. My father had passed away from cancer when I was seven years old. Almost a year after her death her former employer (she was a live-in babysitter) received a letter from my mom's life insurance agency and they sent it to me to check and see if she had life insurance money. I had a family friend look into it for me and it turns out that she did have life insurance money because years ago she paid for it, but had stopped. I think that my mom had forgotten about it because before she died she apologized to me for not having any money to leave for my brother (he was 3 yrs old when she died) and me.

I was told by my family friend that my aunt (my mom's youngest sister) was the beneficiary so she would be getting all the money and she did. No one let me see any of the papers or talk to the insurance people to see if my name was written anywhere on the papers. It's just really odd to me because my name was always attached to my mom's health plans, bank,etc. No one would let me see any of the insurance papers or talk to the insurance people.

At first my aunt said that she was going to give me the money but I didn't hear from her for a year and she would never answer my calls. She finally got in contact with me but said that the money was hers and gave me a very minuscule amount, my brother nothing, then we never heard from her again. I just graduated from college so I'm in a lot of debt. My stepfather is also struggling financially and she will not help us and she knows that the money is meant for my brother and me. I have been trying to get a hold of her for three years now and she keeps ignoring me. She won't let me see any of the papers. She tells other relatives that she knows the money belongs to me and my brother and that she hasn't spent any of it, but will not give us anything. I don't know what's going on.

I want to know if I have any right to see the documents. If my name was mentioned would the insurance company have tried to contact me? Would it be possible that the insurance agency asked my aunt if my mom had children and my aunt lied about it? My mom was an immigrant from the Philippines and didn't understand English fully so she may not have understood everything she was reading when she filled out the papers. I really don't think she wanted my aunt to keep the money for herself.

I have also seen sights that say they can obtain insurance documents (http://www.mib.com/html/lost-life-insurance.html). Are those legit? Should I look into that?

This is a really complex situation and I have no idea what to do. I think that I am being left in the dark about something and I don't know what to do about it. If someone could really help me I would greatly appreciate it. Thank you.
 


ErinGoBragh

Senior Member
I can tell you this much: MIB is legit, but if you were not named as beneficiary on any documents, no life insurance agency will tell you anything about the policy. The insurance company would NOT have paid benefits to the aunt if you were 1st beneficiary unless you died and your aunt had a certified death certificate. From the sounds of it, she was the first beneficiary and you are entitled to neither information nor benefits of this policy.

It may be worth double checking though with the company to see if maybe you were also named as a first beneficiary (ie, split 50/50 between you and your aunt.)

If not, you are S.O.L. in this case, and despite whatever intentions your mother may have had, legally this money is your aunts to spend as she sees fit.
 

Dandy Don

Senior Member
So sorry, but there is nothing you can do about this. Your mother made a mistake in not knowing that she could have named her children as co-beneficiaries so that the money could have been put in trust for you.

The money is technically and legally her sister's, but she does realize that she has a moral/ethical obligation towards you all. All you can do is to be as nice to her as you can while she is alive, mention to her only once that "family members have told me that you felt this money money should have gone to us, and I hope you meant what you said. We accept that the money is yours, but I hope you will leave us something in your will." And then don't bother her about it any more after that.

DANDY DON IN OKLAHOMA ([email protected])
 

momm2500

Member
but there could be a loop hole here. OP stated they were 19 when mom passed. Maybe sister was listed as custodian because at the time of the original life insurance policy, OP was a minor. Believe me there are times that insurance companies do not check into ages of people that are beneficiaries. I suggest contacting the insurance company first!
 

Zigner

Senior Member, Non-Attorney
but there could be a loop hole here. OP stated they were 19 when mom passed. Maybe sister was listed as custodian because at the time of the original life insurance policy, OP was a minor. Believe me there are times that insurance companies do not check into ages of people that are beneficiaries. I suggest contacting the insurance company first!
What does that have to do with anything? If the beneficiary was the aunt (only), then it doesn't matter how old any kids are
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top