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My mom is suing me and 5 others for my dad's life insurance

Discussion in 'Life Insurance, Annuities & Other' started by clisaacs, Aug 25, 2014.

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  1. clisaacs

    clisaacs Law Topic Starter New Member

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    My dad divorced my mom and in the divorce papers it says she gets 50 percent of his life insurance. He recently died, but she is not listed as beneficiary, But my sister and I are, along with four others. Now She is suing us for her half, is she entitled to it if it's in the divorce decree, even though shes not a beneficiary? And If she does sue us for it, can we not settle for that amount with her, or is it set in stone because it says it in the divorce papers? The only reason I want to fight her getting anything is because my dad took her off of his life insurance because he didn't want her to have anything, he hated her.
     
  2. disagreeable

    disagreeable Well-Known Member

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    The problem is he agreed to 2 different court records allowing the distribution of the policy. I think she will win as it was agreed as part of the divorce settlement.
     
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  3. army judge

    army judge Super Moderator

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    I don't think a court can order a life insurance company to change the beneficiary.
    I'd fight her, too.
    If the insurance company pays you, you're not required to give her a dime.
    Why?
    None of you were parties to the divorce.
    The decree doesn't apply to any of you lot, just mom and dad.
     
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  4. disagreeable

    disagreeable Well-Known Member

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    I don't think it is so much the court ordering a change of beneficiary as her having a claim against his estate. Of course if he had no estate to probate, she has nothing to sue.
     
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  5. Betty3

    Betty3 Super Moderator

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    Life ins. passes outside the estate & goes to the beneficiaries named in the policy. The ins. co. would pay to the bene(s) named in the policy. She can try suing the benes but that doesn't mean she will win.
     
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  6. disagreeable

    disagreeable Well-Known Member

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    He made two legal agreements Betty. One on the beneficiary form, which the life insurance company should pay out to the beneficiaries and the second in a property settlement. Her claim would be against the estate for the value of the policy since that is who is legally standing in his stead for contempt of the agreement. I don't think she can force a divorce court settlement into the insurance beneficiary laws.
     
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  7. clisaacs

    clisaacs Law Topic Starter New Member

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    Thank you for the advice. I've never been in a situation where I've had to deal with this, and will more than likely contact an attorney soon. But I do agree that he did agree to her getting half in the divorce settlement, so more than likely there's really nothing we can do about it. But, even so, I'll contact an attorny just to be safe.
     
  8. clisaacs

    clisaacs Law Topic Starter New Member

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    That's what I thought, too, that the life insurance goes to the beneficiaries and Of course she can sue and claim she and my dad has an agreement in the divorce settlement that she gets half. But even knowing this, I think I may try to fight. There are 5 other beneficiaries too, so I'm not sure what they have planned really. So she has to sue all of us.
     
  9. army judge

    army judge Super Moderator

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    You're over complicating things, if the insurance company pays YOU, rest assured they're doing it legally.
    Otherwise, they'd not pay you a dollar.
    I wouldn't worry about anything another person promised.
    If the deceased wanted her to receive the proceeds of his insurance policy, he should have named her as beneficiary.
    Their agreement, as benefits her, is useless.
    She had a stupid lawyer, or served as her own lawyer, and the judge must have laughed when she approved their agreement.
    If that's what the deceased wanted to happen, leave her a windfall upon his death, all he had to do was remove all other named beneficiaries.

    I'd say nothing to the leech the decease despised, and accept my money with a wry little smile.
    Even from his grave, the deceased gave her the slip.
    Good stuff. Very clever.
     
  10. disagreeable

    disagreeable Well-Known Member

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    If there was an estate to be probated, she could sue it. If there was no formal estate filed and she sues all of you individually, your lawyer should motion for dismissal as you were not party to the contract she had with dad.
     
  11. army judge

    army judge Super Moderator

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    Remember lawsuit 101's prime directive, "anyone can sue anyone for anything."

    The lawsuit is easy. Heck, the mere mention of a lawsuit causes many to tremble, quake, and quiver, as they blabber, "No, please don't sue me. I'll settle. How much will it take for you not to sue me?"

    If the insurance company disbursed, or disburses the proceeds of a life insurance policy to any named beneficiary, there's no way she'll get a dime of that largesse unless people cave.

    The time to have used the lawsuit was while the deceased was alive. Dad was one clever man, for sure.

    Dad gave her ALL of what he didn't own. All dad had to do, if he wanted her to get the proceeds was to name her beneficiary. Dad gave her a promise, a promise that cant be enforced upon the deceased. Think of dad giving her a quitclaim deed to the insurance policy, brilliant tactic. The old bass swallowed the hook, line, and sinker.
     
    Last edited: Aug 26, 2014
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  12. Betty3

    Betty3 Super Moderator

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    The ins. co. (I worked for one) pays the benes in the policy. If someone wants to sue the benes for a share they can but "generally" in my experience they would lose in this case. (I don't want to make a definite statement they will lose though - never know about the judge or what might happen in court.) Agree with Army Judge.
     

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