How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask William B. Esq. Your Own Question

William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 2960
Experience:  Civil litigation attorney for individuals and businesses.
Type Your Legal Question Here...
William B. Esq. is online now
A new question is answered every 9 seconds

I have full custody other parent gave up their rights, child

Resolved Question:

I have full custody other parent gave up their rights, child passed and I have a gerber policy, did not have beneficiaries listed, now company wants to give half of proceeds to other parent can they do this Maryland based
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, I am sorry to learn of this unfortunate passing. Insurance policies are matters of contract, meaning the insurance carrier is required to pay out the benefits exactly as the terms of the policy require. This means that if the beneficiaries are not changed, the benefits will be paid to the beneficiaries as they were originally identified when the policy was purchased.


To check and make sure that the benefits were actually paid out the way they were supposed to be, get a copy of the policy itself (the carrier should give one to you), and review the terms carefully regarding payment of the benefits.

Customer: No beneficiaries listed
William B. Esq. :

There must be terms as to how the benefits are paid out. Without this, the insurance policy would require that the benefits go to the child's estate.

Customer: Policy says pay to parents, but if other parent gave up all rights and I sent them a copy of the formal document I am confused as to how they can pay the other parent, if he has no rights how can he be a beneficiary
William B. Esq. :

Do they have a definition of parents? (these types of contracts require a review of the entire document, there may be something else there). In addition, there are various ways of "signing off" parental rights, was there a court order?

Customer: No definition and non custodial patent did a formal letter and gad it notarized in the state of florida
Customer: I meant non custodial parent and had it notarized state of florida
William B. Esq. :

Signing off your parental rights in that manner is not legally binding, while it may create a strong inference of the parents' intent, it is not enforceable in a custody dispute should the non-custodial parent wish to contest it. The other parent is still legally a parent of the deceased child. It is unlikely the insurance carrier is willing to face liability in a potential dispute from a parent with a legal entitlement despite this documented intent to the contrary (the first is enforceable, the other is not).

Customer: Ok, got it, it's more of a principle thing i guess not fair for someone who has done nothing to benefit from a child's death, but I understand your logic as it pertains to legality. Thank you for the advice
William B. Esq. :

You are correct, the principle may be unfair, but as a legal issue, that is where it falls (I am sorry).

Customer: No thank you policy is very small, I will work this out with the non custodial, now that I know what the actual f
Customer: legal facts are
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 2960
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 15 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.