My daughter father passsed away and she was listed as the second beneficiary and the first was her fathers room mate, in which he killed himself to days after he had passed should my daughter recieve this money or should it go to the roommates FAMILY? I think it should go my daughter! This all happend in Louieville Ky and they r saying it goes to the roommates family not to the only child the father ever had . This is not right!
2006-09-23 17:44:10 · 5 answers · asked by Tina S 2 in Politics & Government ➔ Law & Ethics
Since the roommate was listed as beneciciary, and he survived your daughter's family, by law the proceeds from the retirement fund belong to the estate of the roommate. If the roommate died first, then the money would belong to your daughter.
2006-09-23 21:53:10 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
if you have the funds to do so I would get the advice of an lawyer. I know in the state in which I live, after going through something similar, that if the first beneficiary is deceased or incapable of handling the inherdince than it goes to the second one. but I'm not sure what the laws are in KY. if you do not have the funds to retain a lawyer's advice, you may be able to find one who will give you advice probono, or even look up the laws of your state on the internet, they are public record. There are also some sites that you can email a lawyer and he/she will email you back for free. And one question who are the they you speak of in your question?? Are they the roommates family or someone who has experince in laws and wills? I hope that that has helped.
2006-09-23 17:50:47 · answer #2 · answered by rlbchick 2 · 0⤊ 0⤋
Not aware of KY law, however most states takes more than a couple days to reconcile an inheritance (if that is the issue). Creditors are allowed to take a shot at the estate and, of course, KY will take its cut. If indeed the matter was finalized and room-mate ended up with the dough it is no longer an inheritance or an estate or whatever. It is his money.
2006-09-23 18:18:25 · answer #3 · answered by James C 2 · 0⤊ 0⤋
No it doesnt sound right but i would bet that you would have to fight in court to have it passed to your daughter since it was passed to the roommate and the roommate died anything that would have been conisdered his possesion would have passed on to his family not your daughter how ever you might be able to contest it in court since the roomie died before they probably even had a chance to probate the will
2006-09-23 17:53:33 · answer #4 · answered by wing23ca 3 · 0⤊ 0⤋
get yourself an estate and probate lawyer, have him contest the will.
2006-09-23 17:48:42 · answer #5 · answered by mr_fixit_11 3 · 0⤊ 0⤋