May 20th,2008
My X-Husband passed away Saturday 05-17-08. He has a life insurance policy through his work. He has 2 children, the oldest a daughter 24 & a son 23. His work informed us that my daughter was named as beneficiary to this policy. So the insurance co. will cut the check to her. I'm sure there father wanted them both to receive this benefit. However my daughter has recently married, to an overbearing husband, my son seems to think that he may not see any of his share, Does he have legal rights to half of the money? Does he need to contact a lawyer. Please help me to guide him down the right avenue. We all live in Florida.

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Originally Posted by Beach Ladybug

May 20th,2008
My X-Husband passed away Saturday 05-17-08. He has a life insurance policy thru his work. He has 2 children, the oldest a daughter 24 & a son 23. His work informed us that my daughter was named as beneficiary to this policy. So the insurance co. will cut the check to her. I'm sure there father wanted them both to receive this benefit. However my daughter has recently married, to an overbearing husband, my son seems to think that he may not see any of his share, Does he have legal rights to half of the money? Does he need to contact a lawyer. Please help me to guide him down the right avenue. We all live in Florida.

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Your son has no claim - there is no "his half of the money." Your ex-husband named your daughter the sole beneficiary and she is under no legal obligation to share the proceeds with anyone.

If it had been your ex-husband's intention for both children to share, I think he would have named them joint beneficiaries.

I'm sorry and this is the stuff of which family feuds are made but your son does not have a share in the proceeds of this particular policy.

I've had read your past posts and apparently there is bad blood between you and your daughter and perhaps your daughter and your son. Perhaps that is why your ex designated your daughter the sole beneficiary.

The father had no will, He has many outstanding bills in the range of $80,000. The son lived with him. He & his sister have no ill-will towards each other, he does not care much for his sister's new husband. I still don't understand why he only put one child on this policy. The father had a serious head trama 6 years ago and had a sister as his legal caregiver. I really don't think he knew that both children had to be named.

I am sorry, but no, they will pay only the person listed on the policy, what he may have wanted to happen does not matter, the insurance company has no choice but to write the check to the person listed.

They may give him 1/2 of they want but they are under no obligation to do so.

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Originally Posted by Beach Ladybug

The father had no will, He has many outstanding bills in the range of $80,000. The son lived with him. He & his sister have no ill-will towards each other, he does not care much for his sister's new husband. I still don't understand why he only put one child on this policy. The father had a serious head trama 6 years ago and had a sister as his legal caregiver. I really don't think he knew that both children had to be named.

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You can always make that a legal fight - he signed the beneficiary forms following a head injury and didn't realize what he was doing - but it would be expensive and I don't know that you would win.

The Will and bills have no effect on the life insurance beneficiary.

You may never understand why your "ex" chose to handle his life insurance in this manner.

The insurance company will only pay the money to the listed beneficiary as per the policy regardless of any other living relatives the man may have had. The beneficiary is under no obligation to divide any of this money with anyone if they don't wish to. Filing a lawsuit would be fruitless as the law is on the side of the beneficiary.