and signed it but didn't date it. Since she didn't date it the 50,000 went to my step father. When this was explained to my brother and stepfather at my mother's employer my step father told my brother that he would give him the money once he received it. GUESS WHAT... Last week my step father recieved the check then told my brother that he will not be giving it to him. A ****** gave him some bs reason why. Can my brother fight this in any way w/ the insurance company or the ******? Any ideas?
2007-12-28 17:24:52 · 15 answers · asked by past78748 1 in Politics & Government ➔ Law & Ethics
Any lawyers in Austin,tx want this case. Take the fees out of the money recieved. We are willing to pay top dollar. We just don't want this ****** to have it. better a lawyer that actually worked for it instead of him.
2007-12-28 17:36:09 · update #1
Tell your step dad to do the right thing. Pray for him. he needs it. If he would do this to your brother then he needs the money more than your brother does. Have your brother take it to court if he wins power to him if he looses what does he have to loose!?
2007-12-28 17:29:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
He can fight it in court through lawyers. The insurance company no doubt followed the rules of the company because the beneficiary form was not completely (Correctly) filled out. Therefore rendered invalid
The Step Father was glad to receive this windfall. He told brother that he would give it to him to keep him quiet and fighting the process.
The check has been issued and likely, cashed. Posession is 90% of the law.
Any remnedy will likely come frm lawyers and they are expensive.
2007-12-29 01:31:04 · answer #2 · answered by organbuilder272 5 · 0⤊ 0⤋
Only under the most unusual of circumstances would the lack of a date on a signed document be fatal to its validity - for example if the document said "Pay Joe this money on the date of: " and didn't have a date.
For $50,000 your brother should hire a lawyer IMMEDIATELY and sue step-dad for the money before it's all gone.
Richard
2007-12-29 01:31:03 · answer #3 · answered by rickinnocal 7 · 0⤊ 0⤋
I am not a lawyer but I would think that he could fight this and win... he should contact a lawyer immediatly and see what can be done for him ... that is just awful I am sorry that you have to go through that
2007-12-29 01:28:36 · answer #4 · answered by redlizzybeth 3 · 0⤊ 0⤋
Go visit with a few lawyers and talk to them about it and see if anything can be done and then hire the best one for the job if anything at all can be done.
2007-12-29 01:28:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Lawyer time
2007-12-29 01:27:21 · answer #6 · answered by R. U. Serious 3 · 0⤊ 0⤋
If the stepfather was not a listed beneficiary, then it should have to go to the one listed as the beneficiary.
If your brother's form was for some reason null and void, then the money should have been put into probate until her estate was settled.
(((HUGS))) to you for your loss.
2007-12-29 01:28:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
See a lawyer.
2007-12-29 01:27:55 · answer #8 · answered by MoreOfMe 4 · 0⤊ 0⤋
make him pay or sit in the middle of a store and say my dad __________ took my brothers money and he wont give it back! when you are with him at least!
edit:
oh yeah and my serious answer was GET A LAWYER
(if the first one doesnt work)
2007-12-29 01:28:21 · answer #9 · answered by Anonymous · 0⤊ 0⤋
he can go to probate court but most likely all of the money would end up going to attorneys unless he filed everything himself.
what a mess- a signed will is a beautiful thing. if you dont have one yourself now get one ASAP
2007-12-29 01:33:09 · answer #10 · answered by msijg 5 · 0⤊ 0⤋