My father had 2 children from my stepmom, and 3 children from a previous marriage. My stepmom is claiming that all of the life insurance money is hers alone. She will use the money towards her own 2 children, but are the remaining 3 (including myself) legally entitled to any of the money?
The life insurance benefits go to the named beneficiary, but when he dies, a life insurance lawyer can be retained to investigate contesting it.
Life insurance does go to the named beneficiary, it is not a part of the probate estate. There may be other parts of his estate you do have rights to either by will or law. You may do well to speak with a probate attorney to evaluate that.
Life insurance is a contract with the insurance company and they are bound to pay according to the contract. Thus, the property is not a probate asset. Sometimes people put life insurance into a trust and you could make some inquiries to see if the insurance was put into a trust either as beneficiary or as a ne owner of it. There should be some papers around with the policy if your father made any of these kinds of changes. Otherwise, you will have to contact the insurance company and they will not give you any information if you have no interest in the policy.
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