son's money

[protectinggeo]

What is the name of your state? pa
okay my son whose father died in jan had life insurance.
my son (8yrs old) was found to be the beneficiary
his father didn't designate a benefiiary
Okay the fiancee of the deceased is pregnant
if this child is his, will the child get any of the insurance money?
We already have the money.
can they make us pay it back?
how will they establish the father?
can she put him on the Bcert?
Also my son recieves SSN
will the birth of the other child effect his benefits?
thank you for any help you can give

 

[rmet4nzkx]

What is the name of your state? pa
okay my son whose father died in jan had life insurance.
my son (8yrs old) was found to be the beneficiary
his father didn't designate a benefiiary
Okay the fiancee of the deceased is pregnant
if this child is his, will the child get any of the insurance money?
We already have the money.
can they make us pay it back?
how will they establish the father?
can she put him on the Bcert?
Also my son recieves SSN
will the birth of the other child effect his benefits?
thank you for any help you can give

Ask these questions after the child is born and paternity established.

 

[Dandy Don]

When you say your son was "found to be the beneficiary", is this what the insurance company told you?

How was the check made out--whose names were on it--just your son's or someone else's name?

Did the father leave a last will and testament and is it being probated in probate court?

If there is a will, was your son named as beneficiary in that?

 

[protectinggeo]

The check was made out to me and son as son's guardian.
How are they going to establish paternity for that other kid, the dude is dead and buried?
No will
no probate he didn't have anything of value
he lived with his parents
Thanks for any help you can provide

 

[Betty]

re the ins. proceeds: The co. I worked for would pay the proceeds at the insured's death to the bene(s) named on the application or if no bene(s) named or bene(s) named predecease the insured they would pay as per policy provisions. If the bene(s) is a child or children they would pay the proceeds to a guardian (usually a parent) to handle the money for the bene(s). They would not ask for any money they already paid out back for someone born in the future (after insured's death) - they pay out to people only if living at the time the insured passes away.

 

[BelizeBreeze]

The law in Pennsylvania changed in 2004 to include unborn children in the probate code. I'm not going to read the entire thing, but from my take on it, the insurance, without beneficiary, should have gone to the estate to be distributed to the heirs according to the Probate code.

Also, without the actual insurance form (which would have had an election for 'unborn child') no one can actually say one way or the other IF the monies were meant for the contingent beneficiary or the estate.

One problem however is that, although there might not have been a beneficiary named, if the box was checked, the unborn child would have been the ONLY heir allowed to take under the policy.

In other words, you have one hell of a problem.

 

[Dandy Don]

For the time being you need to set up that money in a trust account to be held for your son when he reaches adult age (any large bank with a trust department can help you set it up--how much was the check for?).

If the pregnant fiancee doesn't know about the insurance policy, then she will assume that there is no estate and you probably don't have anything to worry about.

If she does know about it, then if she brings a lawsuit to get the money she can ask for the body to be exhumed to get DNA or get the DNA from his other surviving family (parents, siblings, if there are any) to prove or disprove paternity. I somehow do not think she will file a lawsuit because she doesn't have enough facts.

DANDY DON IN OKLAHOMA ([email protected])

 

[BelizeBreeze]

For the time being you need to set up that money in a trust account to be held for your son when he reaches adult age (any large bank with a trust department can help you set it up--how much was the check for?).

If the pregnant fiancee doesn't know about the insurance policy, then she will assume that there is no estate and you probably don't have anything to worry about.

If she does know about it, then if she brings a lawsuit to get the money she can ask for the body to be exhumed to get DNA or get the DNA from his other surviving family (parents, siblings, if there are any) to prove or disprove paternity. I somehow do not think she will file a lawsuit because she doesn't have enough facts.

DANDY DON IN OKLAHOMA ([email protected])

In other words, you are advocating fraud. Nice move

 

[Betty]

Since your son's father had no will & apparently nothing of value except ins. policy, do you mind telling us (as also requested by Dandy Don) the amt. of the ins. proceeds. Thanks.

 

[Dandy Don]

Belize Breeze, please don't deliberately misinterpret my advice. Exactly how do you mean that fraud specifically is being committed here?

 

[BelizeBreeze]

Since your son's father had no will & apparently nothing of value except ins. policy, do you mind telling us (as also requested by Dandy Don) the amt. of the ins. proceeds. Thanks.

That has no bearing on the legal issues. as for the DD fraud question, the poster KNOWS that there is potentially another beneficiary to the policy, has not informed the insurance company, has taken the monies which were intended for "beneficiaries".

At the minimum, she faces suit from the OTHER beneficiary. But from the insurance company she can face fraud. PERIOD

 

[Dandy Don]

There is no way for the insurance company or anyone else to prove when she knew about this other potential beneficiary. If it is eventually proven that the insurance company paid out in error, it is the insurance company that should be sued.

 

[BelizeBreeze]

Get real.
Let's call a spade a spade. You are advising this poster to commit fraud not only on the insurance company but on a child which potentially may be related to her son.

Wonderful set of morals you display dandy dunce

 

[Dandy Don]

If you choose to deliberately misinterpret my comments, that's YOUR fault. I didn't say she should spend the money--I said she should set up a trust account. It would be wise for her not to spend any of the money until she finds out for certain after a time period has passed that there will be no lawsuits about this matter, and I promise you there won't be any, since pregnant fiance has no knowledge about the insurance payout.

DANDY DON IN OKLAHOMA ([email protected])

 

[justalayman]

It would be wise for her not to spend any of the money until she finds out for certain after a time period has passed that there will be no lawsuits about this matter, and I promise you there won't be any, since pregnant fiance has no knowledge about the insurance payout.

If the pregnant fiancee doesn't know about the insurance policy, then she will assume that there is no estate and you probably don't have anything to worry about.

I've got how this law thing works now. As long as you can hide the truth (and money) from a possible beneficiary, it's legal and OK.

Don, did you notice the other gal is reffered to as "fiancee". The other gal may very well have knowledge of the policy. You are assuming they pregnant gal and the dad never talked with each other. Although in todays society it seems that sex without knowledge of who the other person actually is is common, I tend to think that once they reach the engaged to be married stage, they have at least passed some minimal level of info back and forth.