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Dad died without will, left me insurance money, uncle overseeing it/spending it.

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powerade

Junior Member
My father died 06/09 in Illinois.
He left a life insurance policy to me, for around $69,000.
Before he died, my uncle had the policy switched from my mom to him.
(I was not present, or I wouldn't of allowed it)
The money was to be left to me, put in an account, and put away for when I returned home from the army.
During the last year, (since the account was created) more than half of the money has disappeared. My uncle claims to owe me $10,000. I know I have used no less than 10,000, but no more than $15,000. The amount left should be around $44,000. The last time I spoke with my uncle in regards to the account (which he doesn't allow me access to) he said the balance was around $30,000. That leaves $14,000 un-accounted for. My uncle claims that my fathers wish was to have the money given to me when I was 24, and that he keep the money in a trust fund. I never heard those words come out of his mouth, and my uncle claims he said it when I wasn't home ( I had to take leave to visit him multiple times)

THE FACTS - based on the numbers, their will be nothing left in the account by the time I'm 24. There's no legal documents stating that the money was to be withheld from me, and my father did not have a will stating that the money was mine. My uncle had him sign the beneficiary sheet into his name, not mine. My uncle claims that he only owes me $10,000, but he was told to "hold onto/look over the account until I am 24", which would mean he should have never given me any money, nor himself. I am not listed on the account, I have not seen a balance receipt in over 8 months. I have no idea whats going on with "my" money.

MY QUESTION - What legal action can I take to secure my funds? When I find out how much was stolen (aka borrowed) how can I demand to have it back? Should I seek legal help immediately, given the facts above?

I am very confused as to my rights on this issue, and I appreciate every person who responds with useful information.
 


FlyingRon

Senior Member
If the policy was made out to your uncle, that's the way it goes. It would seem that he is not obliged to give you anything.

What do you mean you "wouldn't of [SIC] allowed it." What makes you think you control what your parents do with their estate and insurance. Even if it had remained with your mother as the beneficiary, what makes you think she'd be obliged to give you any.

You can see a lawyer, but I don't see how you have any legal claim.
 

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