Benefits payout before conviction?

[scarlett1033]

Hello All. I have a situation that I hope someone can shed some light on for me. In April of this year, my father-in-law murdered my mother-in-law (in NJ). He is now in jail awaiting trial. My MIL was in the teacher's union and my FIL was named the beneficiary to recieve death benefits. My husband and I met with a lawyer who is giving us the idea that he and his brother can recieve those benefits before a conviction is made. However, I called the probate court in the county in which my MIL resided and they told me that no judge will award benefits before a conviction is made. My husband told this to the lawyer and the lawyer told him that the people at the probate court have no idea what they are talking about. So, who should we believe? Also, I don't know if this matters, but my FIL was also named to be executor of the will and he is waiving his rights to that, so that my husband can be executor.

Can someone please give us some advice because we really have no clue as to what should be happening. Thanks!

 

[Dandy Don]

No one can give you a definitive answer until you explain what type of "death benefits" are going to be paid out and how much they are. Are you talking about a pension issued by the teachers union, life insurance issued by a life insurance company? The company that is holding the money needs to be informed about this unique situation so they can determine whether the FIL is eligible to be paid or not. State law might enter into the situation here, but some companies make a payout without necessarily depending on what the law is.

 

[Betty]

I agree that the co. holding the money/proceeds needs to be informed of this situation if they haven't already. Re life ins. common law generally will not allow a person (beneficiary) to benefit from life ins. proceeds when they wrongfully killed the insured. There have been court causes in this regard. Some states have made this a law. There are some states that will not pay only if the person is convicted.

However, we don't know what type of death benefits you are talking about.

No matter what, this may end up having to be decided in court.

 

[scarlett1033]

Thanks for your replies. The death benefits are from the union that she belonged to. Also, there is a smaller amount that he would have been entitled to from a 401K that she was paying into. The lawyer that we have consulted with has let both the union and the other insurance co. know of the situation.

 

[scarlett1033]

Sorry I forgot to add that the letter we recieved to notify us about the benefits was from the State of New Jersey Division of Pensions and Benefits ...other than that, that's all the info I know.

 

[Betty]

Ok, thanks for your replies. I would at this time just hold & see what the union & ins. co. do. Since you have a lawyer, I would let him/her handle things for you. If you receive any type of correspondence, refer it to your lawyer.