Someone Help Me Please I'm Lost

What is the name of your state? FLORIDA
My dad just passed April 30th. He had two life insurance policies. One had his three sons as the beneficiaries. The other had no one named. My father had said while he was still living that he was paying an awful lot a month for me and my mom to have after he died. He assumed the other policy was for us but he never knew that it had no one. So the insurance company said that it just rolls over to the other beneficiaries that are on the other policy. Now the three boys have almost a million dollars and me and my mom have nothing. The boys are now seeing how much money that all is and not willing to give us ANYTHING. I can't stand losing my dad but now having to deal with this makes everything so much harder. Can anyone tell me if we have case if we fight them in probate court...

Please also post your query on the Life Insurance Message Board so that someone who is perhaps experienced with this type of issue can respond.

You probably need to be talking to a business law attorney about how to proceed. The problem is that insurance companies have a little leeway to operate by using their own rules and regulations, and there may not necessarily be any specific laws about what happens with beneficiary designations. I would guess, however, that since your dad made the mistake (so THEY say) of not naming beneficiaries, that normally this money should have instead been payable to his ESTATE, and that therefore possibly there might be some type of probate law to apply. Anyway, a good attorney can research the case law for similar situations to yours and can tell you what has happened in similar situations in the past with that insurance company or with others.

At least it's worth fighting for or investigating just to see what type of case you have.

Did your dad leave a will and does he have other assets that are being probated in court or not?

DANDY DON IN OKLAHOMA ([email protected])

It's well worth it to pay an attorney to fight a decision to assign beneficiaries by the insurance company.

Your father was the OWNER of the policy with no beneficiaries named? I would think in that case, the money may owed to the owner('s estate), in the absence of a beneficiary. Thus the estate distribution may determine where the proceeds of the un-named policy should go.