man's mother on policy, child born after policy was obtained. who gets $$$?

[stonybrook]

What is the name of your state?What is the name of your state? Florida

Actually I am in massachusetts, but the parties involved are all in florida. My cousin (34 yrs old) never took his estranged mother off of his policy as beneficiary. He has since had a little girl (she is 18 months old now). His mother has already started the process of claiming the money, and he died just yesterday, in a motorcycle crash. I would like to see it go to the little girl and/or her mother (never married to my cousin, but they have been living together and in a relationship), and I know that is how he would have wanted it. Would it be worth it to contest his mother's claim on behalf of the child? Otherwise the child will never see any of it.

 

[ALawyer]

The general rule is that the named beneficiary gets the policy. Exceptions exist but they are rare, and as I am not a Florida lawyer, and it is always possible Florida has a law creating that exception, ask one. BUT even more significantly than the life insurance, the child has rights of inheritance of non-life insurance assets -- including any claim against any one who contributed to the accident and death. So someone actingon the child's behalf should definitely be in touch with a lawyer who haddles accidents NOW while any evidence is still fresh.

 

[stonybrook]

Thank you.

 

[nextwife]

Has paternity been legally established?

 

[stonybrook]

She is a clone of her father and his name is on the birth certificate.