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Sister Died With No Will (Wills & Trusts)

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• Comments
• Tue, 23 Mar 2004 13:15:00 GMT(1)
• The child is named as the beneficiary on all of the life insurance policies except one, with my mother, the child's grandmother splitting that policy 50/50 with the child.
• Tue, 23 Mar 2004 16:59:00 GMT(2)
• Yes. Thanks for the input.
• Tue, 23 Mar 2004 12:54:00 GMT(3)

• Quote:

  Originally posted by Dandy Don
  Father's status as a DIVORCED spouse disqualifies him from receiving anything from the estate, but you have not stated exactly who was named as beneficiary of the life insurance policies.
  DANDY DON IN OKLAHOMA (tiekh@lawknowledge.org.yahoo.com)

  
  My response:
  Dandy, the presumption here is that the child is the beneficiary of the insurance, or why else would our writer have written? Also, as the guardian, the father is entitled to the child's share of mother's estate IN TRUST for the child.
  The father will only get his hands on the insurance money, and the res of the Estate, as I've outlined above.
  Of course the father is disqualified from any direct share of the Estate. But the child isn't.
  Also, what was the last thing I stated in my initial response? Hint: look at the last sentence.
  So, what did you bring "NEW" to this discussion?
  IAAL
• Mon, 22 Mar 2004 18:31:00 GMT(4)
• My response:
  His chances are very good. Under strict court supervision, the funds will be placed into a "blocked account" for the child's maintenance during his minority. The court will not allow the father to withdraw funds without a court order, and then only for emergencies; e.g., medical emergency.
  However, under court order, the father will be able to receive a monthly stipend for child support from the account, under the same guidelines as if he was being paid child support by the mother.
  If he's thinking that he can get a "lump sum" in his hands, he's sorely mistaken.
  IAAL
• Tue, 23 Mar 2004 13:44:00 GMT(5)

• Quote:

  Originally posted by kmr001
  The child is named as the beneficiary on all of the life insurance policies except one, with my mother, the child's grandmother splitting that policy 50/50 with the child.

  
  My response:
  Just as I had strongly suspected.
  Okay, now did you understand what I had to say, and do you know what to do?
  IAAL
• Tue, 23 Mar 2004 12:43:00 GMT(6)
• Father's status as a DIVORCED spouse disqualifies him from receiving anything from the estate, but you have not stated exactly who was named as beneficiary of the life insurance policies.
  DANDY DON IN OKLAHOMA (tiekh@lawknowledge.org.yahoo.com)
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