Does a child I pay child support to, entitled to any of my estate or life insurance if I do not have him in my will. Can the mother go after the estate to collect future child support payments?
2007-04-28 16:21:40 · 5 answers · asked by Danny G 1 in Business & Finance ➔ Insurance
If you have a will which deliberately omits anything for the child, the mother would have to go to court and contest the will. Likely, if the child is a minor, the judge would rule that your estate would have to continue to pay support for that child until they reach the age of majority, in accordance with your state laws.
Keep in mind, your child would be entitled to social security survivor benefits, as a minor, if you're paying into it. The benefits get divided between all minor children.
Life insurance is totally different - the ONLY entity which will get any money, is the beneficiary you name. Most of the time, however, if there's a seperation agreement, support, or divorce involved, each parent is required to carry life insurance to benefit the child if they should die while the child is still a minor. But if you have any OTHER life insurance, it's not contestable.
If your life insurance policy goes to your ESTATE, it becomes part of your estate - and the assets could be used for support obligations.
I'm not going to even give you my opinion of men who won't take responsibility for their children, except to say they aren't real men. But I do hope you've gotten neutered.
2007-04-28 16:36:34 · answer #1 · answered by Anonymous 7 · 2⤊ 1⤋
Yes, if the child is still a minor then the estate would pay the child before any other person in the will. You cannot just omit your child.
If the child is over 18 then I do not think you have any responsibility toward the child and you can will your stuff to anyone you wish. Some States might make the age 21, though
2007-04-28 23:25:41 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Get off your soap boxes. Maybe the childs mom has plenty of money and he has a disabled relative who needs the money more than the child. Or maybe he is thinking if the mother gets the money she will spend $5,000 on her barbie doll collection. Funny right, except that is what my counsin's ex wife did. It was all in black and white on her credit card statements. He had to get the court to administer his support, so she would not spend it on herself.
Anyway, you need to seek legal advice. It will vary by state, and there are some ways to structure things so you can get the money where you want it.
2007-04-29 03:47:08 · answer #3 · answered by Gatsby216 7 · 2⤊ 0⤋
Of course. Stop being an as*. Your child is just that, YOUR child, and is morally and legally entitled to your support of all kinds.
2007-04-28 23:30:20 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I don't know the answer to this question, but Im going to bet laws on this will vary from state to state.
2007-04-29 01:41:45 · answer #5 · answered by dr_proctor1 3 · 0⤊ 0⤋