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Life Insurance

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ArtistTori

Guest
What is the name of your state? What is the name of your state? MD, but Question related to WI

My niece has been married for 4-1/2 years with 3 kids. Her husband and two of the children were killed in a senseless accident late May of this year (2002) - a 18-wheeler truck driver on a clear day ran a stop sign and completely flattened their car. There were no survivors. My niece is 34 and her husband was 36 years old. The problem lies in the fact that my dear niece is learning disabled, and can only work at minimum wage jobs - her husband was the income earner. He had two insurance policies that were written long before they met and when he was living at home with his elderly parents - he is the youngest and is quite younger than the next sibling. He failed to change the beneficiary of his policies from his Mom to Wife, as was his intention, but he passed from life alot quicker than he expected. He has left his Wife, my niece, with many financial expenses which far excede her ability to pay - house, van, etc. The Mom took the two insurance policies that would help out with these expenses, as well as, funeral costs for three people and will not talk with my Niece about giving her all or even any of the money, knowing that her Son had intended it for his wife and family and had not gotten around to it. The Mom's three other children are in agreement with my Niece that it should be her money and that was his intention, and the Mom will not converse with them either. Is there any legal possibility - probate court, etc. that might bring some or all of the funds to my Niece as the policy owner had intended? Thank you - quite concerned for my niece, Tori
 


ALawyer

Senior Member
Alll I can think of is that as Wisconsin is regarded as "sort of" a Community Property state (but I am not aware of WI laws in detail) , if it were a true community property state and the couple's earnings were used to pay for the premuims, there MIGHT be some claim to the proceeds....

I wish I had a better answer than that. Also, both the mother and spouse are grieving and the mother may view the money as all she has left. To the extent that the other children can point out the inequity of her action, and the fact that the son left grandchildren in bad shape, she may relent.

But speak to a Wisconsin lawyer and see if anything is doable. There should be a MAJOR wrongful death claim against the driver who caused the death and anyone else responsible in part. I sure hope she has a good auto accident / personal injury / wrongful death lawyer -- there are lots of them listed on AttorneyPages.com
 
A

ArtistTori

Guest
State: MD

Thank you Senior Lawyer for your quick and very helpful response. Take care,Tori
 

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