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Sisters are suing for deceased fathers life insurance benefits.

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bellatauri

Junior Member
What is the name of your state? Hampton Roads, Virginia

Here is the situation, My Father-in-Law passed away June 11,2005. My Husband And his Father purchased our home together Jan'04 thankfully we are safe due to title stating joint tenancy with rights to survivorship.
When he passed, he had a group life insurance policy for the amount of $50,000. My Husband has 2 sister's, he is the oldest, followed by them.
When he passed, they made him head of arrangements, and ultimately he became the administrator of his estate. There is no will.
An assigment in the amount of $15,750 was taken from the policy for funeral arrangements and final expenses which he signed for since they made him point of contact/head of arrangements, with the remainder of the policy was cut into 3 seperate checks to each of the three of them in the amount of $11,416. There were no disputes made to the insurance company, and all three checks were cashed. Now the sisters are mad at him because he won't sign over our home to them, They said they were entitled to 1/3 of the home because it was dad's, when in fact as stated above this is not the case. Now they are taking him to small claims court stating they are entitled to 1/3 each of my husbands beneficiary check plus interest because of the assignment taken previously from the policy which he signed for. The insurance company first paid the company who funded the assignment, then split the remaining benefits in 3 seperate equal parts, so this being the case is he legally responsible for their claims, and what should we do? Thank you for your time any input and advise is appreciated. Sincerely,
Bella Sept 19,2005
 
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BelizeBreeze

Senior Member
From a brief reading of your situation I'd have a gut reaction of telling the sisters to "SIT ON IT!". But, being a kinder, gentler version of myself today, I would caution you and Hubby to contact the funding company for a copy of all paperwork and then have a local attorney review it.

I doubt they have a case but without reading the entire papertrail no one can say for sure one way or the other.
 

pojo2

Senior Member
How much did the FIL have sunk into your house?

Is he on the loan as well as the deed?

Were the other siblings aware that Dad had funds invested in your house if that is a correct assumption?

Was Dad of sound mind and body when this house was bought?

See a local Atty you might have to answer a few questions.
 

bellatauri

Junior Member
pojo2 said:
How much did the FIL have sunk into your house?

Is he on the loan as well as the deed?

Were the other siblings aware that Dad had funds invested in your house if that is a correct assumption?

Was Dad of sound mind and body when this house was bought?

See a local Atty you might have to answer a few questions.
Yes they,my husband and father in law, were both on the loan as well as deed. My husband has already gone back down to the title company and had it retitled, and the mortgage company is aware as well. When all was said and done he had about 7200 invested into the home. My husband and his father were extremely close. They have always took care of eachother. They even worked together. He was taken from us suddenly, and unexpectedly from a massive heart attack, he was only 58 years old. His state of mind was perfect, sound mind and good mood the last person he talked to that Friday night was our 3 week old son. Our son was fussing because he was hungry and he was joking with himabout a baby union, that he didn't have to take being hungry lying down, just to call their 1-800 # and they would put in a grievance for him :cool: My Husband made him dinner and he went upstairs. The next morning my Husband went to get his help for samething and he found him.
When we bought the home, my Husband and I found it, all dad said was make sure it has a double garage for a workshop lol:) My Husband actually had more money invested, down payment, closing costs, paper/title filing etc.
His sisters weren't aware of thier financial investments into the home, our mortgage or anything. What happened there is the day dad passed, my mother and I were sitting on the couch and she was asking me if there was anything my father and she could do for us financially and she was asking us how much our loan was for etc and I told her as well as what our property was recently assessed at throught the city and his sister was sitting right there. 2 days later thats when they started in on him about their share of the house. so it wasn't that they knew what dad had invested it's that they knew that our property jumped in price dramatically in the year that we owned it and that it would continue to climb in price due to the development project putting up housing in the 500,000 + range etc.. after coming up with the initial plan of thier entitlement to 2/3 in total of the home-1/3 a piece nevermind hte fact that we have 30 more years of paying on the home. they then decided we could keep the home, pay the mortgage off, let it gain equity, but they wanted him to make a will stating that we could live in the home, but if anything were to happen to my husband that they were the sole heirs to the property, and myself and our children had no ownership and were to leave the premises etc.. The whole situation my husband is having to endure from his family is amazing, I've never seen anything quite like it before.
Thanks again for the input, We appreciate it. Sincerely, Bella
 

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