My ex- husband's life insurance

[sxemama]

What is the name of your state? South Carolina

Well my daughter is 16. Her father died May 5, 2002 of cancer, he had life insurance, stock, and a 401K. He has 3 other daughters from a previous marriage, who are all grown. Well we don't know anything about the life insurance deal. No one will let us know anything. We do know that he did not have a will though. But isn't my daughter intitled to a portion of the life insurance, stock, & 401K? Before my ex- husband died he told my daughter she would be getting her part of the insurance and all, and it would be put in a trust fund and she could get it when she turned 18.
Please get back with me, I really need advice on this matter.

Thank you

 

[cbg]

Unless South Carolina has some quirky law that I'm not aware of, she will be entitled to a portion of the life insurance and/or 401k IF she was listed as a beneficiary. If she wasn't, she won't be. She does not automatically come in for a portion by virtue of being his daughter. I don't know enough about stock plans to comment on them.

From what you say it sounds as if he probably did either make her a beneficiary, or make the beneficiary a trust that she will have available at 18, probably the latter.

 

[sxemama]

How would we find out if my daughter is a beneficiary, or if there is a trust fund for her, that she will get when she turns 18?

 

[cbg]

I'm assuming that these are policies that were issued through his employment; certainly the 401k should be. Your first step would be to contact his employer.

 

[sxemama]

I contacted his employer in July and all they told me was that I needed to talk to my ex- husband's other daughters, and then they hung up in my face. So I proceded to get in touch with his other 3 daughters and I could never get in touch with them. They never returned my calls. Maybe I should call his employer again?
Where should I go from here??

 

[cbg]

Oh, not good. That sounds as if the other daughters may be, at the very least, co-beneficiaries and they have already been in touch with the employers. They have just as much "right" to be included as your daughter, but their failure to return calls doesn't bode well for cooperation.

You might try calling the employer again and explaining, very politely, that you have attempted to reach the other daughters and have not had any success, and that all you are looking for is whether or not your daughter is included as a beneficiary - you are not looking for the employer to do anything. They may be afraid of getting mixed up in a family battle.

Failing that, you may want to try having an attorney contact the other daughters on your daughter's behalf.

 

[JETX]

You might also check with the Probate Court in the county where he lived. See if the estate has been filed. If so, the file is public record.