Legal question

[kagome_e]

What is the name of your state? California

My mother passed away in 2002. My youngest brother who was 9 at the time was named sole beneficiary, or so I've been told by his father, my mother's boyfriend at the time. I recently contacted my mother's insurance company and they informed me that a claim was filed and the beneficiary was paid. Is that legal? If a minor is named beneficiary, can their guardian file a claim in their name and be awarded? I believe right after my mother's death, her boyfriend filed a claim for guardianship of my brother.

 

[Betty]

What is the name of your state? California

My mother passed away in 2002. My youngest brother who was 9 at the time was named sole beneficiary, or so I've been told by his father, my mother's boyfriend at the time. I recently contacted my mother's insurance company and they informed me that a claim was filed and the beneficiary was paid. Is that legal? If a minor is named beneficiary, can their guardian file a claim in their name and be awarded? I believe right after my mother's death, her boyfriend filed a claim for guardianship of my brother.

Ok, proceeds were paid out. If the bene was a minor, it's possible your mom may have named in the pol. along with the bene a trustee or guardian for such minor bene. If she only named your minor brother, some cos. insist a trustee or guardian be appointed for the minor before paying out proceeds. There shouldn't have been a problem with the minor's father being named "guardian" (he is already the father) & getting the proceeds for handling. Some cos. hold the proceeds (paying interest) until minor reaches legal age but that wouldn't apply here since proceeds were paid out.