Soldier Killed In Iraq

What is the name of your state? Oklahoma

I posted this under the insurance law forum, but thought it might go here as well.

My son-in-law was recently killed in Iraq. He and my daughter were separated, but not divorced.

My son-in-law had designated his mother as his life insurance beneficiary and intended for her to set up a trust for his 2 children, ages 5 and 2.

The amount of the policy is $250,000 and his mother is hesitating on setting up the trust. She says she will just keep the money in her own account. Also, my son-in-law had not filed any wills or paperwork to document his intent for the trust.

What legal recourse do we have to ensure the children are taken care of? Since he and my daughter were not divorced, is she entitled to those benefits?

[I AM ALWAYS LIABLE]

Originally posted by beckyfrank65
What is the name of your state? Oklahoma

I posted this under the insurance law forum, but thought it might go here as well.

My son-in-law was recently killed in Iraq. He and my daughter were separated, but not divorced.

My son-in-law had designated his mother as his life insurance beneficiary and intended for her to set up a trust for his 2 children, ages 5 and 2.

The amount of the policy is $250,000 and his mother is hesitating on setting up the trust. She says she will just keep the money in her own account. Also, my son-in-law had not filed any wills or paperwork to document his intent for the trust.

What legal recourse do we have to ensure the children are taken care of? Since he and my daughter were not divorced, is she entitled to those benefits?

My response:

The right to insurance benefits is a mere expectancy of something that "might" happen - - it's not "community property" subject to division.

So, he had a right to name any beneficiary he wanted. The beneficiary has no legal obligation to share the benefits with your daughter's children, even though you say it was his "intent" for her to set up a trust. The fact remains, a Trust was never set up, and he never placed his wishes in writing - - other than naming his mother.

So, unless she "sees the light" and decides to share in whatever amount, she has no legal obligation to do so.

Sorry.

IAAL

Okay, but what if his intent for the trust has been expressed in writing during mitigation when papers were being drawn for the divorce? Is that enough to establish his intent although the divorce was never finalized?

[I AM ALWAYS LIABLE]

Originally posted by beckyfrank65
Okay, but what if his intent for the trust has been expressed in writing during mitigation when papers were being drawn for the divorce? Is that enough to establish his intent although the divorce was never finalized?

My response:

Sorry. In a divorce action, everything that is written is merely a "draft" without legal capability of enforcement UNTIL a judge reviews the draft, and signs the orders along with the signatures of both parties - - thus giving it legal enforcement viability. It's not a "Will". It's only considered a preliminary draft, subject to change by the parties at any time prior to a judge signing such papers. Since the "draft" wasn't signed by a judge, or your son-in-law, it's not worth the paper it's written on.

It's really a shame what has happened, and Grandma obviously knows this information too.

IAAL

[nextwife]

I am terribly sorry for your families loss.

Suggestion: Check and see if there are also employer policies (if reservist) in place (although "act of war" may not be covered). Was he a reservist or full-time military? I have two policies through my employer, one an accidental death policy, in addition to what we have purchased ourselves- and, trust me, at our ages it is NOT cheap, but as parents of a young kid, it is critical! Also, have her check all the credit cards- some have death benefit options that people forget exist. Those may not amount to much, but could pay off balances.

Did your daughter own and control NO policies on her husband? Was that the only policy?
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PLEASE, any gals reading this, be PROACTIVE and don't leave YOUR financial futures in the hands of someone else!!!!!!! It's fine that he had bought life insurance, but, unless YOU are the OWNER and can control beneficiary designation AND payments to be sure it does not lapse, you need to also buy a policy or two youself and make certain payments stay current. With the availablity of competitive internet pricing, term policies can be had very cheaply, especially for young non-smoking parents. You should each have a policy on the other, at minimum.

Amen. I pay 10.80 a month for a 50,000 policy on my ex-husband. The big dumb idiot.

[I AM ALWAYS LIABLE]

Originally posted by REParker819
Amen. I pay 10.80 a month for a 50,000 policy on my ex-husband. The big dumb idiot.

My response:

Ex-husband? Really - - ex-husband?

This is great news!

That means you could use a boink or two, right?

Now, where the hell did I put my Frequent Flyer pass . . . . .?

IAAL

DAMN. I knew you were gonna catch that. No, not ex technically yet, but might as well be. Do you KNOW how much it costs to file for divorce in this blasted state, not to MENTION the parenting class i have to pay for? ARGH.


But come on over anyway. Its been a looooooooooong time.

[I AM ALWAYS LIABLE]

[quote]Originally posted by REParker819
[b]DAMN. I knew you were gonna catch that. No, not ex technically yet, but might as well be. Do you KNOW how much it costs to file for divorce in this blasted state, not to MENTION the parenting class i have to pay for? ARGH.


But come on over anyway. Its been a looooooooooong time.


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My response:

Hey, Parker - - do you live near Boston Harbor? I just KNOW that if we get together on "Old Ironsides", that old ship won't be as "strong" as everyone makes it out to be. You and I will "bust her sides"!

IAAL

We could try anyway. lol.



No, I live in Delaware, not even close to Boston. Not close to ANYTHING. I've never even been out of this time zone.




BTW, that was not meant to say Boston is in another time zone, which i dont think it is, but anyway. lol

[I AM ALWAYS LIABLE]

[quote]Originally posted by REParker819
[b]We could try anyway. lol.

No, I live in Delaware, not even close to Boston. Not close to ANYTHING. I've never even been out of this time zone.

MY RESPONSE: Oh, for some reason I thought you were in Massachusetts. Oh, well. Anyway, so you live in Delaware? Because that State is so tiny, I understand that if you make a wrong left turn anywhere, you're in a different State! Well, we could go to Boston, and make a little history of our own!

Yankee Doodle went to town, riding on a pony . . . threw Parker on in front of him and didn't have to exert any "energy"!

Youza!

IAAL

LOL. You are definitely right about the wrong turn in Delaware.


I need a man with stamina after being a nun for so long. Better get some Viagra bc i am sure not doing it on a horse.

[I AM ALWAYS LIABLE]

[quote]Originally posted by REParker819

I need a man with stamina after being a nun for so long. Better get some Viagra bc i am sure not doing it on a horse.

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My response:

Oh, my dear, that's one thing John Holmes and I had in common - - neither of us needed, or need, Viagra. I may be in my late 40's, but *IT* ain't dead yet! And, you thought I was kidding about staining the ceiling . . .

No, I just thought it would last a lot longer using the horse . . .

IAAL

LMAO. I thought you were a LOT older than late 40s. I dont know why, but for some reason I thought you were.


Yeah, I guess on a horse could last a lot longer. I guess I can try anything once.

[I AM ALWAYS LIABLE]

[quote]Originally posted by REParker819
[b]LMAO. I thought you were a LOT older than late 40s. I dont know why, but for some reason I thought you were.

MY RESPONSE: You did? What did you think, that I was some 79 year old geezer? How old are you, my dear?


Yeah, I guess on a horse could last a lot longer. I guess I can try anything once.

MY RESPONSE: You bet it does! Let's giddyap!

IAAL