Dads life insurance money.?

Question

I recently asked a question about sueing my mom. I'm not really going to do that.

Anyway I live in the state of New York...so that can help more. Anyway my Dad passed away in 1998. When he died he left his life insurance money in my Aunts name because he didn't trust my Mom. Anyway he told her that the money was for his kids (me and my sister). Anyway my Dad passed away and $100,000 went to her.

Anyway she took all that money and spent it on herself and her family. It was supposed to goto us when me and my sister turned 18. So now we have nothing.

I was wondering if I were to call her and have her admit everything including having her adming that the money was for my sister and I. I could record the conversation and use it against her in court.

Would this ever work since it's legal to record a conversation in the state of NY? I'm just really struggling right now. I have a job and everything, but I just don't make enough money to buy a new car and a place to live.

She has said many times to my mother that the money was gone and we're nothing going to get any of it. I find that very sick that she could take her brothers money who just died and spend it all on herself and her family and not give it to my sister and I who it was supposed to goto.

Answer 1

If life insurance money is paid directly to a named beneficiary, it is theirs to do with as they please.

Absent any agreement by your Aunt to hold money in a representative capacity, it is hers to do with as she pleases.

It would be hard to prove the existence of any oral agreement. At the present time it is a matter of "he said" -- "she said", and the only thing you want to do is try to tape a conversation with her surreptitiously. New York is one of the states where only one person's consent is needed to record either a personal or telephonic conversation. Other states like California and Florida require both parties to consent to recording either a personal or telephonic conversation. The devil is in the details -- if it is an interstate telephone call, you should consider the law of both states in determining whether or not it might be admissible. You need to talk to a lawyer before proceeding any further.

I sympathize with your plight, but I think you will have an almost impossible task ahead of you.

If your father had received good legal advice prior to his death, he could have written a revocable life insurance trust naming the trust as the beneficiary to receive the death benefit and pay it out to you and your sister. However, this did not happen. Written agreements are important when there is a lot of money at stake. The absence of a written agreement is what is stymieing your situation.

Answer 2

I am pretty sure the 300k is yours free and clear. If the insurance company paid out the money, then it is yours. They do not make mistakes about who gets the money. Life insurance with a specific beneficiary is outside of probate and is paid as soon as the insurance company has all of their paperwork in order. If your father just had cash sitting in a bank account with no will or beneficiary, they may have a case. That said, contact an attorney that can give you the specifics for your case. It is a lot of money and you would be wise to spend a few hundred to make sure you are doing things correctly.

Answer 3

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RE :Dads life insurance money.?
I recently asked a question about sueing my mom. I'm not really going to do that.

Anyway I live in the state of New York...so that can help more. Anyway my Dad passed away in 1998. When he died he left his life insurance money in my Aunts name because he didn't trust my Mom. Anyway he told her that the money was for his kids (me and my sister). Anyway my Dad passed away and $100,000 went to her.

Anyway she took all that money and spent it on herself and her family. It was supposed to goto us when me and my sister turned 18. So now we have nothing.

I was wondering if I were to call her and have her admit everything including having her adming that the money was for my sister and I. I could record the conversation and use it against her in court.

Would this ever work since it's legal to record a conversation in the state of NY? I'm just really struggling right now. I have a job and everything, but I just don't make enough money to buy a new car and a place to live.
Update: She has said many times to my mother that the money was gone and we're nothing going to get any of it. I find that very sick that she could take her brothers money who just died and spend it all on herself and her family and not give it to my sister and I who it was supposed to goto.
Follow 5 answers

Answer 4

After 8 years?
Also, you aunt is beneficiary. Therefore she could do as she pleased with it. An Intent holds no water. It's what's in writing that counts.
I'm afraid you're left out in the cold.

Answer 5

even if you did have a case, and as you've been told, you don't, the doctrine of Laches has applied. You had one year from the date that probate closed to file a claim against the estate or any part thereof.

It's a done deal.

Answer 6

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