My son is 17 his father (my ex husband) was killed by a vehicle whilst on holiday in the USA 3 and half years ago.... my ex husband re married and adopted her son and had a child together with this woman....
What i am asking if any insurances were paid out to his existing family upon his death is my son entitled to proceed with a claim for a share of it ..... and if so how long would he have to claim....
2007-11-06 02:23:58 · 16 answers · asked by dee9166 2 in Politics & Government ➔ Law & Ethics
If his father listed him as a beneficiary in his will or in the insurance, then he can file a claim. If not, then there is nothing to do.
2007-11-06 02:32:52 · answer #1 · answered by Chief BaggageSmasher 7 · 1⤊ 2⤋
If there is a will, and your son is not named in the will to get anything, no. And since it was 3 and half years ago, and you didn't raise the question then, even if there was not a will it's a bit late to wonder now. Usually with no will an executor is court appointed who pays all claims and publishes for any claims, and once all assets are assigned out to creditors and heirs, it's closed by the court. That generally happens long before 3 and half years pass.
2007-11-06 02:42:39 · answer #2 · answered by oklatom 7 · 0⤊ 1⤋
You seem to be asking specifically about insurance payouts - and the answer is that generally the payouts form part of the estate unless they are made out to named beneficiaries.
I'd disagree with previous posters as regards the will/ no will issue - your son will ONLY have a claim if he is named in a will. If there was NO will, then people are telling you blood children have a claim - that is UNTRUE - all the benefit oes to the next of kin (the new wife). there is no claim for your son.
2007-11-06 02:50:00 · answer #3 · answered by eriverpipe 7 · 0⤊ 1⤋
Yes, unless he was written out of any will that was written and all the estate is given to other people.
If no will is written, blood children do get a certain percentage.
The adopted son doesnt get a penny unless he was written into the will or your ex husband specifically took over in law the responsabilities of the father, which isnt the same as normal adoption.
Speak to a solicitor.
2007-11-06 02:39:05 · answer #4 · answered by futuretopgun101 5 · 1⤊ 1⤋
It depends upon what his will said. if there is no will the rules of intestacy apply and your son may well have an entitlement.
If there is a will and your son is left out, I would not try to contest the will because it may well cost more than the benefit received . Leave that bit to those with very deep pockets
2007-11-06 03:10:13 · answer #5 · answered by Scouse 7 · 0⤊ 1⤋
take no notice of BIG BOBBY because your son is under eighteen he is classed as a minor and is entitled to a set amount of the estate a will as no effect in this case he is entitled to 50% OF 50% OF THE ESTATE SEE A SOLICITOR QUICKLY. If your son was eighteen he would have had to be mentioned in the will as a benefactor to get anything
2007-11-06 02:40:22 · answer #6 · answered by Anonymous · 1⤊ 1⤋
For a cheap legal opinion, make an appointment to see Citizens Advice Bureau in your Town.
2007-11-06 02:31:59 · answer #7 · answered by Veronica Alicia 7 · 1⤊ 0⤋
My father died without a will and as he and my mother were not married we were told that everything he had went to his "legitimate" daughters from his marriage to his wife (who he left with be with my mum).
Not sure if this was correct or not. The stucking point with us seemed to be that my brother and I were "illegitimate" whereas his other daughters were born in wedlock.
2007-11-06 04:57:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If there is no will the spouse gets everything, hopefully she will realise it is only fair to give your son a percentage when she dies.
2007-11-06 06:32:18 · answer #9 · answered by bud 6 · 0⤊ 0⤋
Depends on what his will said. If he did not have a Will perhaps enquire but the legal process will be expensive for what you might get.
2007-11-06 02:28:06 · answer #10 · answered by Charlene 6 · 1⤊ 1⤋