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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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my son died nor wif no dhildren but lived with a women for

Resolved Question:

my son died nor wif no dhildren but lived with a women for seven He was in a car accident no other people involved his insurance pays 2000 death benefits How can I insdure that his SO will pay the thwe bill she applied for the benefits
Submitted: 5 years ago.
Category: Family Law
Expert:  ANDREA, replied 5 years ago.

ANDREA, :

Hi, and Welcome to JustAnswer. Thank you for your question.
My name isXXXXX am a licensed, practicing Attorney and would be glad to help

ANDREA, :

I am very sorry to hear about your son. Please accept my sincerest condolences on your loss

ANDREA, :

Q. In which State did your son live with this woman ?

Q. Did he and the woman hold themselves out as husband and wife ?

Customer:

they lived in ny state and no they did not considered themselves as husband and wife.

ANDREA, :

On what basis is she claiming the death benefits of $2,000

Customer:

5that she is his significant other.

ANDREA, :

Even if they did hold themselves out as husband and wife, under New York law, they did not enter any marriage, nor is she considered a surviving spouse who could expect any death benefits to be paid to her. New York does not allow the creation of a husband and wife relationship. Neither does she have a right to claim any death benefit, or any other benefit for that matter, as his "significant other"

ANDREA, :

Has the death benefit of $2,000 been paid to her yet ?

ANDREA, :

Q. Was this a life insurance policy on which your late son named her the beneficiary ?

Customer:

no he will probably b e entitled to mor but I want only th e death beneftis to help berry him.

Customer:

she was not a beneficiary. He naMED NY YOUNGEST SON AS BENEFIVIARY

ANDREA, :

But, you did not answer my question, Are these benefits from a life insurance policy on which this woman was the named beneficiary ?

Customer:

NO. NO. NO.

ANDREA, :

In that case, she has no right or claim to any death benefits. All amounts due under the insurance policy are payable to your who is the beneficiary of your late son's policy. What was the total amount of the benefits payable under the insurance policy ?

ANDREA, :

Payable to your youngest son

Customer:

100,000

ANDREA, :

Q. Do you know what the total amount is ?

Q. Has any amount been paid to your youngest son, yet ?

ANDREA, :

Q. Has your youngest son received the $100,000, yet ?

Customer:

100,000 AND NO THIS JKUST HAPPENED TONITE AT 11.0P0 PM

ANDREA, :

How old is your youngest son, the beneficiary under the insurance policy ?

Customer:

42

ANDREA, :

Thank you for your information. Either you or your son (the Beneficiary) should notify the insurance company tomorrow. The insurance company will ask for an original Death Certificate and at least 2 proofs of identity of your son who is the beneficiary. They will then pay the $100,000 over to your son who is the beneficiary and you can use part of that money for your late son's funeral and burial.

Does your youngest son object to this arrangement ?

Customer:

NO

ANDREA, :

Then there is no problem. The woman cannot claim any part of the insurance proceeds. Your youngest son is entitled to the full amount. And, the funeral and burial expenses will be paid out of the $100,000. Depending in what part of the country you live, funeral and burial expenses range on average from $4,000 to $8,000.

Is there anything that I can clarify for you ?

Customer:

NO THANK YOU

ANDREA, :

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ANDREA, and 8 other Family Law Specialists are ready to help you

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