Insurance policy

[cynthiac0401]

What is the name of your state (only U.S. law)? california
In Jan this year my ex-husband died of a fatal disease. Before he passed away he sat our 3 daughters down and explained to them that he had an insurance policy that will divide $100,000.00 between them. The benefactor for the policy is his brother Mark. Mark knew that he was supposed make sure the girls got their money. However, because my x did not have a will his wife hired an attorney and is going to take half. Mark has recently received the other half of the money and has decided to keep it to buy a house. Is there any thing the girls can do??What is the name of your state (only U.S. law)?

 

[anteater]

However, because my x did not have a will his wife hired an attorney and is going to take half.

I don't know California law on this. But I suspect that the wife's claim was grounded in an argument that the premiums were paid with community funds. Rather than the lack of a will.

In any event, I don't see that your daughters would have a claim based simply upon oral promises to the daughters and what the named beneficiary supposedly "knew." Mark may be a skunk, but he was named as the beneficiary.

You and/or your daughters might see if you can get a short, free consult with a few attorneys - probably with experience in estate or family law - to see if there is any way your daughters might press a claim. But I would not be optimistic.

 

[Betty]

Agree; unless the daughters were named as actual beneficiaries in the policy, they are out of luck (no matter what your ex-husband told them).

Sorry. (You/your daughters can certainly talk to an attorney but if the facts are as stated, it's doubtful they are entitled to anything.)