Life Ins. of Minor question

[rlpconfused]

What is the name of your state? Iowa
My husband has a minor child from previous marriage. The mother of minor child (husbands ex-wife) was tragically killed under 3 week ago. We now have child full time along with our 4 other children. Childs mother left him a life ins. policy naming him as beneficiary. There is a will and there is an executor for the estate. The executor has an attorney. The executor cleaned out the house of all paperwork the day after the accident and took them to an attorney who now has them. We have had a death certificate for several days now, but can not get the policies. Does my husbands, minor childs father get the life insurance claims to file or is that up to the executor of the estate to take care of? He will not give up the policies. My husband did obtain an attorney, but my husband says that he is very young and new at this.

Any advise would be greatly appreciated
Thanks

 

[nextwife]

Hopefully the divorce decree REQUIRED that each parent carry life insurance sufficient to pay CS to the other parent in the event of the death of one. This should, hopefully have been over and above any life insurance that BELONGS TO THE CHILD. Also, hubby should be applying for SS survivor's benefits and checking with mom's employer to determine if any additional covereages existed through her employee benefits program.

The child's life insurance should belong to the child, in an appropriate guardian account. I have life insurance I bought on my husband to help provide support for my child if he dies. Also on me. Didn't your husband have ANY policy on his wife still remaining from the marriage, since there was still an insurable interest (the welfare of the child if one died)?

 

[rlpconfused]

No, my husband did not require his ex-wife to carry any sufficient life insurance for the support of a surviving child.
The child has life insurance as he is beneficiary as a minor and we know that it belongs to the child. We understand from our attorney, that any life insurance policies from the deceased, will go directly to the child and father as the only blood guardian would be the only one that could file the claim on this policy. Is this true or could she have made anyone as the custodian for this policy. The minor is 12 years old.
We have already done the social security survivor's benefit and it has already started.

Thanks for your help

 

[Betty]

It's possible when the mother applied for the ins. that she set up a guardian for the child or a trust with a trustee (as bene for the proceeds to be payable to) in case she passed away while the child was a minor.