Do I have to disclose a policy exists?

[snafu63092]

What is the name of your state (only U.S. law)? Nevada

My GF passed away a couple months back and I'm getting guardianship of her kid as his dad is also gone. We have discovered a $75,000 life insurance policy but it is payable to my GF's mother. She thought her mom was a good person and would turn over the money to her son but after dealing with this woman since her daughter died the boy and I realize that will never happen. Grandma isn't just being a bad person because she is "grieving" either, she has always been a pain in the rear but my GF kept her in check, now that she is gone she is a nightmare.

My question is.....if they find out we have the policy can the family legally force us to tell them the company and policy # with a court order? I don't think I've ever heard of a judge ruling somebody has to spill information about anything, except in Guantanamo Bay.

In a perfect world I'd like to have full guardianship or wait till he is 18, get a lawyer and have a family meeting. I would tell the rest of the family and grandma the policy exists but if she doesn't sign over $73k to the boy and take 2k for herself we will never reveal the policy # or life insurance policy to them. The boy's money will go right into a trust until he is over 21, I want nobody even myself to have any access to it.

 

[cyjeff]

Yes, a judge can compel you to disclose information.

Yes, she is entitled to the money for the policy.

No, you really don't have a chance at legal custody. Who is giving you guardianship?

 

[HomeGuru]

What is the name of your state (only U.S. law)? Nevada

My GF passed away a couple months back and I'm getting guardianship of her kid as his dad is also gone. We have discovered a $75,000 life insurance policy but it is payable to my GF's mother. She thought her mom was a good person and would turn over the money to her son but after dealing with this woman since her daughter died the boy and I realize that will never happen. Grandma isn't just being a bad person because she is "grieving" either, she has always been a pain in the rear but my GF kept her in check, now that she is gone she is a nightmare.

My question is.....if they find out we have the policy can the family legally force us to tell them the company and policy # with a court order? I don't think I've ever heard of a judge ruling somebody has to spill information about anything, except in Guantanamo Bay.

In a perfect world I'd like to have full guardianship or wait till he is 18, get a lawyer and have a family meeting. I would tell the rest of the family and grandma the policy exists but if she doesn't sign over $73k to the boy and take 2k for herself we will never reveal the policy # or life insurance policy to them. The boy's money will go right into a trust until he is over 21, I want nobody even myself to have any access to it.

**A: this is not a perfect world.

 

[cyjeff]

One more thing...

She is under absolutely no obligation to provide you with any of the monies from the insurance policy.

Withholding the information from her so that she can pay YOU is ethically bankrupt.

Tell her about the policy.

 

[snafu63092]

Yes, a judge can compel you to disclose information.

Yes, she is entitled to the money for the policy.

No, you really don't have a chance at legal custody. Who is giving you guardianship?

My GF let everyone know she wanted me to be guardian. The entire family was good with it but now one of the uncles wants to "think about it", he doesn't want guardianship, he just wants to jerk us around...it is a control issue.

Another question, if grandma wants co-guardianship that does "entitle" her to half the bills it will cost to raise the boy correct? She is not willing to spend one dollar on him so if that is the case she would back off.

 

[CourtClerk]

My GF let everyone know she wanted me to be guardian. The entire family was good with it but now one of the uncles wants to "think about it", he doesn't want guardianship, he just wants to jerk us around...it is a control issue.

Another question, if grandma wants co-guardianship that does "entitle" her to have the bills it will cost to raise the boy correct? She is not willing to spend one dollar on him so if that is the case she would back off.

First of all, if grandma wants guardianship, unless she's some crack head prostitute, she's going to get it. She's in a MUCH better standing than some boyfriend. Had you have been, say a husband, I'd say maybe, but grandma vs. boyfriend, grandma is going to win.

Since you can't will a child away like you do the Toyota in the garage, what your girlfriend "said" is worth about as much as the paper it was written on.

 

[snafu63092]

One more thing...

She is under absolutely no obligation to provide you with any of the monies from the insurance policy.

Withholding the information from her so that she can pay YOU is ethically bankrupt.

Tell her about the policy.

She can drop dead, the papers will be filed and burned if a judge could make me disclose it.

 

[snafu63092]

First of all, if grandma wants guardianship, unless she's some crack head prostitute, she's going to get it. She's in a MUCH better standing than some boyfriend. Had you have been, say a husband, I'd say maybe, but grandma vs. boyfriend, grandma is going to win.

Since you can't will a child away like you do the Toyota in the garage, what your girlfriend "said" is worth about as much as the paper it was written on.

Grandma can't drive, can't pay her own bills and lives in an age restricted community that won't allow anyone under 55 to live there over 30 days. Thanks for you input but it isn't working here. She also has no money to her name and scrapes by month to month just by herself, she couldn't afford to buy him 1 cheeseburger a month. The boy is 16 and lives with me.

 

[thedoctorisin]

She can drop dead, the papers will be filed and burned if a judge could make me disclose it.

That would be contempt of court, and you would end up in jail. It happens all the time in our justice system, not just at Gitmo.

 

[CourtClerk]

Grandma can't drive, can't pay her own bills and lives in an age restricted community that won't allow anyone under 55 to live there over 30 days. Thanks for you input but it isn't working here. She also has no money to her name and scrapes by month to month just by herself, she couldn't afford to buy him 1 cheeseburger a month. The boy is 16 and lives with me.

Well since you know everything, there is absolutely no reason to be here asking questions. And one doesn't determine suitablility to parent by whether or not grandma can afford 1 cheeseburger a month. The child should be able to get SS benefits...that'll buy his cheeseburger if you're so concerned. The kid probably doesn't need a cheeseburger anyway.

 

[CourtClerk]

She can drop dead, the papers will be filed and burned if a judge could make me disclose it.

Well aren't YOU just the epitome of moral and legal integrity. Surely fit to raise a child...

 

[snafu63092]

Well aren't YOU just the epitome of moral and legal integrity. Surely fit to raise a child...

Legal integrity?

I legally have to inform someone they are the beneficiary of a life insurance policy?

You may need a new hobby other than trying to answer legal questions on a discussion forum. Seriously.

 

[cyjeff]

Legal integrity?

I legally have to inform someone they are the beneficiary of a life insurance policy?

You may need a new hobby other than trying to answer legal questions on a discussion forum. Seriously.

Seriously... you need to reconsider your little extortion plot.

Seriously.

What makes you think that the life insurance policy holder will not search out grandma when they find out your GF has passed?

Look at the bright side. When grandma gets the money, she will be able to buy the boy she now has custody of all the cheeseburgers he wants.