Life Insurance policies

[threed]

What is the name of your state? GA

A few months ago my brother passed. While he was alive he would always say that our mother was his beneficiary. In fact she was.When he passed my mother was very ill at the time. My brother was married with 4 children. His wife insisted that the insurance be given to her because she was his wife. She told me not to mention it to my mother and just give her the money. Legally, that was not right. Furthermore, me and my other sisters and brothers were certain that he left his wife something. I spoke to my mother and she told me she wanted her money.

In additiobn, My mother was unable to go to the bank and work out all the paperwork. Because my mother trust me dearly I put her name on my current checking account to deposit the money earned form the policy. She wanted me in control of the money and if she didn't she would have told somebody else to control it. In my checking account was my money and a portion of my mother's money. All my paychecks were deposited in this same account and I paid my bills out of this account. I asked my mother what she wanted to do with the money and she told me she wanted some furniture. etc... I bought furniture for my mother's house, made many renovations to the house, gave money to my greedy sisters who asked my mother for money, and paid the bills at my mother's house. I wrote checks for many of these transactions.

About 6 months later my mother passed. However, some of the money was still left. That I am aware of I was the only person who had life insurance on our mother. It was just enough to bury her. Nobody helped me pay for anything. Our family has gotten into several disputes reccently. People are asking what happened to the money when they were the ones who continued to ask my mother for the money. Basically, they are accusing me of using up all the money when they were the ones using up all the money. They have been speaking to some lawyers saying theat I must show some receipts for all the stuff "I" bought or else I'm going to jail. Bascially they are just pissed off that I have control of the little bit of money left (Which is suppose to be used to pay bills at my mothers house which no one wants to pay).Help? Have I done anything illegal. Do I have to show them anything? Who does the money belong to?

FYI: No, I don't have power of attorney.

 

[ProResearch]

Apparently, there is no Will. Pay your mother's bills and close her accounts. Keep an accounting and show the receipts and statements to the other family members.

Be open about it, and if you are honest about it, you should be okay. You might want to talk to a probate attorney and make sure you have covered your bases. I don't think there's anything *legally* they can do to you since your mom's money was intermingled with your account while she was still alive.

If there is enough after you settle your mom's accounts and you feel good about, you might divide it up amongst the other family members,giving some extra consideration to the wife of your brother and her FOUR kids. But legally, I do not believe you have to... if there is no Will.

Money is really not that big of deal when it comes to relationships with actual people....... if you value them more than that green stuff, which in a bit could be worthless ::grin::

 

[ALawyer]

This is a family feud fueled by jealousy and greed, and totally insensitive people, more than a legal fight, SO FAR.

If your mother was mentally competent and not under duress or undue influence -- which can easily be charged by someone seeking to sue you -- there may not be legal liability, unless the basic life policy was paid for by "community funds" or provided by an employer as thus a community benefit in many states, or if your holding the proceeds was part of an "in trust" arrangement, assuming the account was a joint account with right of survivorship and she understood that.

Unless the policy was relatively small and his family was well provided for otherwise, so this policy was bought to take care of mom, why, your brother left mother his beneficiary, rather than those to whom he had a primary obligation -- spouse and kids -- is beyond me. And why she kept the money is also beyond me. It is outragous, unless there is some history here. And nothing you say will convince the widow that she was not screwed and you and mom are the screwors.

BUT once people talk about suing, and there seems to be a possible basis for some claims, you need personal legal advice from a real local lawyer.