beneficiary

[billi_jok]

My fathers wife left him about 4 Yrs ago for another man. I accompanied him to an attorney about divorce and he decided against it only because he didn't have the money to fight for what was rightfuly his(or the strength) and he didn't want to sell his home. I believe he had something drawn up saying that once she took her belongings from the home everything inside was his. He then made their son beneficiary on all his life ins.policies so that she wouldn't get the benefits from them. He said at the time that he wanted all his children taken care of. He doesn't have a will and it has been brought to my attention that because he only named the one child as beneficiary all the others are excluded. Is this so? And what happens to his personal belongings does the wife take charge of every thing? What can I do, if anything?And how can I find out about any kind of legal papers?

Please give me some direction!
I feel very broken!

 

[ALawyer]

His heirs at law appear to be the wife (as they are not legally separated - I don't know your state's law -- it may be she still has rights to inherit or elect against the estate -- which rights she would not have if they were divorced or legally separated, at least absent anything in the separation or divorce decree to the contrary) and the children. They get personal effects and assets. The insurance goes to the named beneficiary -- usually.

He really needs to see a lawyer about an estate plan and perhaps a divorce or what might happen is the one child named beneficiary will have a right to the entire insurance money to the exclusion of the other kids but NOT necessarily the wife, who may fight for some or all of the proceeds and other property.