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Earvin · Oct 17, 2008, 06:25 PM

If a family member name me in a insurance policy along with his/her three kids, and name me as guardian with and equal split do I receive any monies even with the other parent still living?

Wondergirl · Oct 17, 2008, 06:27 PM

If the other parent isn't mentioned, he or she isn't a beneficiary.

Fr_Chuck · Oct 17, 2008, 07:36 PM

Well of course you don't get any insurance money till the person dies. Plus of course they can not name you guardian of the children in the life insurance policy. They can in their will ask for you to be the one to watch over the children, but the court will decide who will be, if there is another bio parent ( can't tell if you are a parent or a friend)

Earvin · Oct 17, 2008, 08:00 PM

The person is deceased. I was name as a Guardian ONLY for the insurance policy not physical custody. Sorry if I wasn't clear.

Earvin · Oct 17, 2008, 08:13 PM

Originally Posted by Fr_Chuck

well of course you don't get any insurance money till the person dies. Plus of course they can not name you guardian of the children in the life insurance policy. They can in thier will ask for you to be the one to watch over the children, but the court will decide who will be, if there is another bio parent ( can't tell if you are a parent or a friend)

The person is deceased. I was name as Guardian ONLY for the insurance policy and not physical custody. Sorry if I wasn't clear. He wife is trying to collect my share. She is contesting the word Guardian. When the policy was made they were separated and the kids were minors
He was my brother.

Fr_Chuck · Oct 17, 2008, 08:16 PM

Yes, poor wording, trustee of the money with the money put into trust would be better.

Most likely she is claiming that she is the legal guardian and the policy was to pay to the guardian not really to you. Is that about the idea of the case?

Are the kids still minors?

I doubt she has a case if you were named since life insurance money does not go into the estate

Earvin · Oct 17, 2008, 08:18 PM

Originally Posted by Wondergirl

If the other parent isn't mentioned, he or she isn't a beneficiary.

Can she collect my share if one of the kids a minor? She contesting the word Guardian. Only for the policy not physical custody

Earvin · Oct 17, 2008, 08:34 PM

Originally Posted by Fr_Chuck

yes, poor wording, trustee of the money with the money put into trust would be better.

Most likely she is claiming that she is the legal guardian and the policy was to pay to the guardian not really to you. is that about the idea of the case?

Are the kids still minors ??

I doubt she has a case if you were named since life insurance money does not go into the estate

Only one is a minor, the others are adults and have already collected. Keep in mind I was name and to collect 25%