Can an adult child sue a surviving spouse for a portion of their deceased parent’s life insurance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an adult child sue a surviving spouse for a portion of their deceased parent’s life insurance?
My mother passed away from brain cancer. The last month she was living she was very ill and rarely new what was going on. Prior to this, she asked my step father several times for help in creating a will to leave a portion of her life insurance (which he is the beneficiary of) to me. He was able to put it off long enough that it was forgotten about as she was put on bed rest & then she passed. She gave me information on the policies, which does no good because insurance companies only speaking to the primary beneficiary. My mom warned me of him not giving me my share but what can I do now?
Asked on February 9, 2012 under Estate Planning, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. You need to seek legal help in your are as soon as you can. Do you have any witnesses to your Mother's bequest? It sounds as if your step father in some way unduly influenced your Mother based upon her state and condition. What you need to do is to write to the insurance company and let them know tht you are challenging the beneficiary designation and that you request that they "interplead" the funds in to court. Send the letter by certified mail return receipt requested. The you and your attorney can decide if your case will be viable. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.