Can my daughter fight for money left by her father to her stepmother?
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Can my daughter fight for money left by her father to her stepmother?
My daughter’s father passed away and her stepmother, whom was married to my daughter’s father took all of the life insurance money and is now going after my daughter’s social security. My daughter’s stepmother has children but they are not my daughter’s blood siblings at all. My daughter received nothing at all from her father except social security when her passed away. The stepmother has a class F5 and a class F3 felony for theft of over $25,000. She also receives child support from the fathers of her 3 children (3 different child and 3 different men). Can someone please help us?
Asked on October 10, 2011 under Estate Planning, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss. I would strongly urge you to contact an attorney in your area for help. If you can not afford an attorney contact your local legal aid or bar association to see if they have a pro bono - free - service that can help you here. If you are your daughter's legal guardian there is no way that her step-mother can take her social security benefits. You need to make it clear to your local social security administration as to what is going on. Go down there as soon as possible. Now, as for the life insurance, if his wife was the designated beneficiary then it would go straight to her only. If there was no beneficiary then how it is divided will depend on a Will, if any, or the intestacy statutes in the state and the amount of the proceeds of the policy plus other assets. Please, please, please seek legal help. Good luck.
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