Life Insurance & Rights

[jhutchjr]

My father passed away recently in St. Louis, Mo. & I live in New Jersey. He was widowed from his second wife & he apparently had a girlfriend at the time of his death.

He had a Whole Life Insurance policy totaling $29,317.
A Certificate Of Deposit for $4,000.
A checking account with approx. $2,000.
A auto valued at approx. $5,000.

The Life Insurance policy had his "friend" as the Primary
Beneficiary & myself as the Secondary Beneficiary. The CD & checking account were held jointly by my father & his friend. The auto was titled as "TOD", transfer on death to her.

She explained that my father wanted everything "split" between us. I wrote an agreement to that effect & aked her to sign it. She refused.

Under Missouri Law do I have any legal rights or recourse
to any or all of this money, especially if she refuses to split it with me? All I have is a verbal & unsigned agreement. I am his only child.

 

[ALawyer]

My sense is that you lost both your father and his money.

If she is the benficiary, the policy proceeds are hers. If the accounts were joint with right of surviorship, they passed to her automatically by operation of law.

I do not know about the car as I am not familiar with that type of title.

If he had any other assets, in his own name, they'd go to his estate, and his children would inherit them. You'd file to become administrator of his estate in probate court there (a lawyer would fgile for you).

Now if he intended that assets be held by her in trust for you and her equally, then maybe you could argue that you have a right to some of the proceeds. Most states don't allow such claims as everyone would make them all the time. If she admitted this and there were witnesses, that could be helpful, but if not she'd likely deny it. But ask a lawyer in the place where he liveed, just in case.