What are my step-daughters entitled to now that there father has died?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my step-daughters entitled to now that there father has died?

My husband passed away last month. I just found out that his grown daughters havea policy from his last job back in the 70’s. It is supposed to has their name on it. We were married for 38 years before he died at the age of 80. Do his daughters has the right to take everything we built together and claim his policy? I had not seen it; just going by their words.

Asked on November 7, 2010 under Estate Planning, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I am so sorry for your loss.  What probably happened is that your Husband designated them as beneficiaries on his policy long ago and forgot about it.  He never changed the form to you or maybe it is possible that he wished that they have that policy as part of their inheritance. The part of your question that worries me is the statement "do they have the right to take everything we built together?"  I am paraphrasing.  No, they do not have that right.  Anything jointly owned is your upon his death. Are you saying that the policy is the ONLY thing that comprises his estate? Then I would suggest that you seek help from an attorney in your area.  Was there a Will? Wives have what is known as a right of election against a Will.  Is there no Will?  Then you receive a portion under intestacy statutes in your state of all assets not jointly owned. But that does not mean that the designation on the policy is invalid.  What you will have to do is to write to the insurance company that holds the policy and place and "adverse claim" against the proceeds and request that the  company interplead the funds in to Court.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption