life insurance

[Elixirsue]

What is the name of your state (only U.S. law)? California

Back in 1997 as part of our custody order, my daughters father was to retain a life insurance policy with her as the sole beneficiary,her father died a couple weeks ago,and we were told she was taken off the policy and everything goes to his latest wife and son, my daughter was left nothing,can we fight this since it was a judgement from the court - thank you-ErinWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[OHRoadwarrior]

You can try to take him to court for contempt, however, I suspect the charges will be dismissed as he is dead.

 

[ShyCat]

How old is your daughter now?

 

[Betty]

The ins. co. will probably pay the proceeds to the current beneficiaries named in the policy. You (your daughter depending on her age) will most likely have to try & get the proceeds by taking the beneficiaries receiving the proceeds to court though you/your daughter may not win.

The ins. co. most always pays the proceeds to the current bene(s) named in the policy & anyone else believing they are entitled to the proceeds will need to take the bene(s) who received the money to court & see what the judge says. On occasion if there is a dispute before the proceeds are paid out, the ins. co. may give the proceeds directly to the court & let them decide.

There is no way we can know exactly what the judgment says. It may be he needed to have the ins. only until a certain age of your daughter for example.

You can always talk to an attorney.

 

[Elixirsue]

My daughter is 16

 

[Zigner]

The ins. co. will probably pay the proceeds to the current beneficiaries named in the policy. You (your daughter depending on her age) will most likely have to try & get the proceeds by taking the beneficiaries receiving the proceeds to court though you/your daughter may not win.

I disagree with taking the beneficiaries to court. The appropriate entity to sue would be the estate.

 

[Betty]

I worked for a life ins. co. The money would not be paid to the estate. It would be paid to the bene(s) named in the policy or possibly directly to the court to decide who should get the proceeds. If the money was paid to the bene(s) in the policy, the people contesting would have to sue them for the money.

That was always/the only procedure that I knew would be done. The life ins. isn't part of the estate & they aren't going to get it from the estate.