Ok, she just died..and she had my friend down (her daughter) as beneficiary...her brother is saying that he wants the money and will sue her if he doesn't. I said he is full of BS..am i correct????
Can he take the money away from her???
She had no will.
2006-07-11 07:23:04 · 7 answers · asked by Anonymous in Health ➔ Other - Health
Chew on this.....get a ******* clue and a brain to match would you???
2006-07-11 07:30:02 · update #1
I think so too Bill.
2006-07-11 07:30:45 · update #2
Hi Reichman, and sorry that your friend lost her mom. Wow. Your friend must be very sad and with this on top of things, it doesn't help.
First off, try not to react yourself, and well, the mom just died. Focus on celebrating the good moments the girl had. Focus on life itself. This is not healthy fighting and well, it is not worth it.
In the end, the courts will decide everything and it will work out well.
Just relax, call a lawyer right away, go and state your case quietly and with purpose. Short and simple. Lawyers do better with the facts and no gossip.
Then go have a quiet dinner with your friend, and talk about the positive. You are great helping her out.
luv
Ava
2006-07-11 07:32:47 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If your friend was the only beneficiary listed on the life insurance policy, she will receive the proceeds (death benefit and any cash value) from the life insurance policy.
If she was one of two or more beneficiaries listed on the policy, she will receive the percentage or dollar amount listed on the policy for her to receive.
If she is underage, her legal guardian would be trustee for the life insurance benefits until she is of age to receive the proceeds of the life insurance policy.
Your friend should get a copy of the life insurance policy. Review the Beneficiary section and see who is listed as beneficiary on the policy. Also, get the name and phone number of the life insurance company and ask about how she can receive the benefits, what is required of her by the life insurance company.
The life insurer should be able to tell her how to file for the claim and what documentation is necessary to receive the proceeds due her from the policy. She may also want to contact an attorney to find out how to deal with her brother and his threats toward her regarding the life insurance policy.
To learn more about filing a life insurance claim go to http://www.term-life-online.com/collect-life-insurance.html
2006-07-13 21:12:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If the life insurance listed your friend, theres not much the brother can do about it. He can try to sue, but he wont win. He is full of BS.
Insurance companies are pretty picky when it comes to making sure all the forms are filled out correctly and legally. I doubt any lawyer would even think of taking the case for the brother.
2006-07-11 14:26:27 · answer #3 · answered by Kutekymmee 6 · 0⤊ 0⤋
She needs to be possitive that her name, specifically, is the only one on the life insurance policy. As far as I know, if it is, nothing can be done about it, unless there was something done frauduently upon purchasing the policy, i.e. the mother was not mentally competant or was under duress. As far as not having a will, your friend will probably have to fight her way through the probate court system to get anything, because the brother will probably fight for his fair share. Because, the law will first give to the spouse, if any, then to children and siblings, etc... It could take years to get through all of that. In a perfect world, your friend should split the insurance benefits and all of mother's property with her brother, because he has just lost his mother also. Tangible items will never fill the gap that will leave in both of them.
2006-07-11 14:38:57 · answer #4 · answered by Becky C 2 · 0⤊ 0⤋
The only thing the life insurance company can legally go by is the beneficiary as listed in their records. She just needs to contact the company and set things in motion. He will have no rights in the matter, and won't even be able to find out what's going on unless he is also listed on the policy or was added after issue. This is assuming she is of legal age to receive the money. If not, it would probably go to the legal guardian in her name. Best thing to do is just have her call the insurance company. They will be able to advise her of her rights in this situation (they've probably been through every conceivable scenario already).
2006-07-11 14:30:27 · answer #5 · answered by raknrun 2 · 0⤊ 0⤋
if she's the beneficiary & its in writing, will or not-it's her money. ask a lawyer,she's alright & that's pretty ****** up of her brother to make the poor mothers death into a lottery dispute. **** him!
2006-07-11 14:27:30 · answer #6 · answered by bill 3 · 0⤊ 0⤋
You know what? This is NONE of you business! Keep your nose out of your girlfriend's wallet! Get a job!
2006-07-11 14:27:14 · answer #7 · answered by Chew on this! 3 · 0⤊ 0⤋