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Wills, Trusts and Estate Planning Includes Living Trusts, Estate and Gift Tax Planning, etc.



               


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Old 11-03-2008, 03:13 AM
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Claims against Beneficiaries


What is the name of your state (only U.S. law)? I live in S.C. and recently my mother passed away. She had 2 life insurance policies and named one of my brothers to one, and another brother to the second one. I was under the impression that though the money was left to them, I also thought it was their duty to then distribute the money apropriately in 3 equal divisions. She did not have any of those trusts that are uncontestable, just a plain old insurance plan with a beneficiary. What are my rights in getting 1/3 of the monies and assets due to me? Thanks, Jennifer
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Old 11-03-2008, 07:17 AM
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Location: Raleigh, NC
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Your 'rights' to any of that money is zero. That money passes directly as per the life insurance contract list of beneficiaries. She could have had the three kids all listed as beneficiaries, and then each policy would have been shared.

Now if all of your siblings all 'knew' what you mother really wanted to do and made it clear to them, then under the goodness of their heart they could give you some of that money...but they are under no obligation to do that.

Good luck.
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Old 11-03-2008, 08:14 AM
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The way to have one's wishes of having THREE beneficiaries share two life policies is by naming all three as equal beneficiaries of both.
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Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!

Last edited by nextwife; 11-03-2008 at 08:23 AM.
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