Requirement of life insurance

[W. Baird]

My mom and dad were divorced in Pennsylvania several years ago. Under the terms of the divorce decree, my dad was required to maintain a life insurance policy with the children listed as beneficiaries. They fought for years about the policy (because my dad failed to get it) and finally fell out of touch with each other. My dad died about 6 months ago (still residing in PA). He failed to ever get the required policy. Can my mom, or us kids, now proceed against the estate for the amount of the insurance that was required under the policy? And info would be greatly appreciated.

 

[I AM ALWAYS LIABLE]

My response:

Unfortunately, no. The Estate is not responsible for something your father failed to do when he was alive.

What is even worse, and since there was a court order to require insurance, it was your mother's error by not enforcing it, and her responsibility, to take your father back into court for an "Order to Show Cause Re: Contempt of Court" when he was alive. If she had done so, the judge would have punished your father (fines, jail) for having disobeyed the court's order to obtain insurance, and you would be receiving the benefits of that insurance policy.

But, since your mother failed to do that, there is nothing more that she, or you, can do now. It's too late to receive procedes of an insurance policy that was never purchased.

But, if there were child support arrearages, that money can and should be obtained from his Estate. If there were arrearages, Mom will need to file a Creditor's Claim with the Estate so she can get her money.

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 07-24-2001 at 12:52 PM]