Hello, I am a Florida resident and my father recently passed away (11/05). He died suddenly without leaving an updated will, so things are getting difficult (his widow/not my mother is not volunteering anything). He and my mother divorced in 1995 and composed a detailed divorce decree to specify how the children would be taken care of. I have 1 sibling under the age of 18 (15 yrs old) who was still receiving child support up until the time of his death. Getting to the point: The divorce decree stated that he was required to carry $190,000 life insurance policy to be distributed to his children in the event of his death and he was also required to carry a $25,000 decreasing term life insurance policy to be paid to my mother (his ex-wife) in the event of his death (According to the divorce decree, my mother/his ex-wife should have been named the beneficiary on the policies) . He was obligated to carry these policies until his youngest child reached the age of 19. Evidently the insurance policies werent kept up to date and he did not comply with the divorce decree. The divorce decree states that these requirements can be and ARE bound to his estate. Also, in the divorce decree he agreed to pay for my college education, which he ultimately refused to do. I financed my schooling on my own and graduated in 4 years, but I feel that I am entitled to reimbursement. So, with that said, here are my questions.
1.) I am fairly sure that his widow has attempted to or already received life insurance money on policies that he carried through work and possibly other policies. How does this affect things?
2.) We are meeting with a lawyer in a month and a half (took forever to get an appt) to go over options. I already spoke to another lawyer and he advised to file lawsuits against the life insurance company, his widow, and the estate, is this accurate?
3.) His widow was no doubtedly listed as the beneficiary on his policies, how does this affect the situation?
Any guidance would be greatly appreciated.
- thank you