nikkinmiss
Junior Member
What is the name of your state? Mississippi
I am not really sure how to word these questions that I have, I have tried and failed at hiring a lawyer that will help me. So please bare with me.
My father was killed by his wife and she has been convicted of manslaughter, There is insurance policies that named his wife as the primary beneficiary and named her son as the successor. Doing my own research I have found that she is disqualified from collecting the Policy proceeds at least I think she is but what I am looking for is anything that can prevent Her son from collecting due to several reasons.
I need any information that would prevent him from collecting under Slayer's Statute. I found a few articles on this subject but nothing case specific. As I understand it Slayer's Statute or Rule barrs the slayer from benifiting from their own wrong doing. The article states
"In some jurisdictions, the beneficiary has been permitted to share in the proceeds where he or she receives them as heir of the insured's estate. Increasingly, however, the beneficiary who unlawfully kills the insured has been disqualified because "it is not personal to him, but bars anyone claiming as the successor to the rights of the beneficiary." Some Courts have decided that the best way to decide this issue and be certain that the murderer does not benefit is to disqualify all the murderer's relatives.
This rule avoids a result with turns the funds over to the killer's relative who "by gift, devise or intestacy, would have the power to place all or part of those funds back in the [killers hands]." Article by Gary Schuman LIFE INSURANCE AND THE HOMICIDAL BENEFICIARY Taken from page 12 of 35
I found this article on the internet and have been able to find anything else that may help me.
In this case the Insurance Company has filed an interpleader and paid the money into the court system and I have just recieved a Summons. In my Summons I am required to file a response within 30 days of the date of issue. I have no idea how to respond and the lawyers that I have consulted have told me that this is a long shot and not worth their time. I understand this to a degree but however it is worth my time and any money that I have to spend to do whatever I can to stop this. If anyone knows anywhere else for me to look I would greatly appreciate it. Also it has been asked of me and I do not know the answer. Can a secondary or Successor of the primary Beneficiary collect if the Primary is still alive?
Oh and by the way The Primary Beneficiary also relinquished all rights to the Insurance policies after her conviction.What is the name of your state?
I am not really sure how to word these questions that I have, I have tried and failed at hiring a lawyer that will help me. So please bare with me.
My father was killed by his wife and she has been convicted of manslaughter, There is insurance policies that named his wife as the primary beneficiary and named her son as the successor. Doing my own research I have found that she is disqualified from collecting the Policy proceeds at least I think she is but what I am looking for is anything that can prevent Her son from collecting due to several reasons.
I need any information that would prevent him from collecting under Slayer's Statute. I found a few articles on this subject but nothing case specific. As I understand it Slayer's Statute or Rule barrs the slayer from benifiting from their own wrong doing. The article states
"In some jurisdictions, the beneficiary has been permitted to share in the proceeds where he or she receives them as heir of the insured's estate. Increasingly, however, the beneficiary who unlawfully kills the insured has been disqualified because "it is not personal to him, but bars anyone claiming as the successor to the rights of the beneficiary." Some Courts have decided that the best way to decide this issue and be certain that the murderer does not benefit is to disqualify all the murderer's relatives.
This rule avoids a result with turns the funds over to the killer's relative who "by gift, devise or intestacy, would have the power to place all or part of those funds back in the [killers hands]." Article by Gary Schuman LIFE INSURANCE AND THE HOMICIDAL BENEFICIARY Taken from page 12 of 35
I found this article on the internet and have been able to find anything else that may help me.
In this case the Insurance Company has filed an interpleader and paid the money into the court system and I have just recieved a Summons. In my Summons I am required to file a response within 30 days of the date of issue. I have no idea how to respond and the lawyers that I have consulted have told me that this is a long shot and not worth their time. I understand this to a degree but however it is worth my time and any money that I have to spend to do whatever I can to stop this. If anyone knows anywhere else for me to look I would greatly appreciate it. Also it has been asked of me and I do not know the answer. Can a secondary or Successor of the primary Beneficiary collect if the Primary is still alive?
Oh and by the way The Primary Beneficiary also relinquished all rights to the Insurance policies after her conviction.What is the name of your state?