Life Insurance Beneficiary

[krispenstpeter]

You may have read the law but you have no conception of it.

If there was nothing setup then it needs to be done now through the courts. This is not a matter for you to decide. The court doesn't care if you have 'control' over the body. the ONLY issue here is control over the estate of the child and right now, you do not have that.

You are quibbling over pennies compared to the amount of money involved.

Go see a lawyer to set up a trust for the child. THEN the insurance company can issue the child's portion of the proceeds to the trust.

 

[lostedsoul1968]

Ok. First off, I am not quibbling over pennies and that is really rude of you to state. If I could afford a lawyer, I would have already done so instead of being here asking for advice. So unless you have walked a mile in my shoes, then you have no right to tell me to quit quibbling over a few pennies because right now..those pennies are about all I do have.

As for the law you have stated, I actually do have a concept of it. Like I have reiterated before, the annuity states that my daughter is 50% beneficiary C/O Me. It plainly states it in black and white. I have so far talked to 2 attorneys and the probate court. According to the probate court clerk, it is not in the best interest of my daughter to put it in the court registry simply because it does not earn enough interest. I am also not allowed to file to have it done myself either. I would still have to have an attorney. The 2 attorneys I have talked to , one has said I would have do guardianship and another has told me that with my custody order, as her natural guardian and the rights of the parents at all times, I do have the right to sign her name and recieve. I had setup a trust savings account for her nearly a year ago and signed her name and mine with no problem.

Now I apologize if this came off sounding rather hateful, but I am sorry I took great offense by your statement of quibbling over pennies. And considering my frustration level I have going at the moment, I am simply speaking my mind. Thank you for your time.

 

[krispenstpeter]

Are you so demented that you can't follow specific instruction?

The insurance company will not pay out until you follow the law. And the ONLY way for you to follow the law is to have the court appoint you as guardian over the estate of the child.

That's simple enough even for a texan.

According to the probate court clerk, it is not in the best interest of my daughter to put it in the court registry simply because it does not earn enough interest.

The court clerk is giving you legal advice for which he/she can be fired.

Listen lady, if you have talked to one of those attorneys then why didn't you hire one to comply with the law? It's just that simple. And quit taking legal advice from the clerk. he/she is not an attorney.

As for pennies, what do you think you're doing by not complying with the law and allowing the insurance company to hold this money and the interest it generates when you could have had this all settled in a short time and that money could have been earning interest for your child?

I'm done here. Maybe Jet or IAAL can explain it to you.

 

[lostedsoul1968]

No it is not dementia but apparently you like to attack people on here. I have simply stated and I will reiterate it once again, I CANNOT AFFORD AN ATTORNEY!!!!!!!!!!!!!!!!!. There..Problem number 1 stated again!! Talking to them is not the same as retaining them and you have to have the MONEY to do that!!. If I did, I would not have even bothered to come here to find self help ways to do it myself..Get it now!!! If not..Maybe someone else can explain it to you.

 

[krispenstpeter]

Dallas Bar Association at 214/220-7444.
Legal Aid at 214/748-1234.

Forms for the establishment of a Guardianship trust
http://www.texasprobate.com/forms/

How the trust is created:
http://www.texasprobate.com/articles/courtgmk.htm#4. 867 TRUSTS

Until Jet or IAAL or HG reply that's all I can or will help you with.

But really, you need some perspective. You're going to be playing the pity me crap so long that you're going to lose more than your sanity. You're going to lose your child's income.

 

[lostedsoul1968]

Dallas Bar Association at 214/220-7444.
Legal Aid at 214/748-1234.

Forms for the establishment of a Guardianship trust
http://www.texasprobate.com/forms/

How the trust is created:
http://www.texasprobate.com/articles/courtgmk.htm#4. 867 TRUSTS

Until Jet or IAAL or HG reply that's all I can or will help you with.

But really, you need some perspective. You're going to be playing the pity me crap so long that you're going to lose more than your sanity. You're going to lose your child's income.

Ok. thank you for your time. I see that this isn't going anywhere. I have already contacted the Dallas Bar Association (So far no Pro Bono yet), I have already contacted Legal Aide and was told I did not meet the criteria, I have already been to those websites that you have listed, etc. Your comment about the pity me comment was uncalled for to say the least but this is America and you are entitled to your opinion, even if it is uncalled for considering you do not know me or my situation. Of Course not being able to afford an attorney and the fact that Probate court will not allow me to file for guardianship on my own is called the pity me crap, well then I guess asince you said so, then it shall be. Thanks for your help.