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My boyfriend and father of my child died last year. We are…

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My boyfriend and father of...
My boyfriend and father of my child died last year. We are in TN by the way. He had divorced in 2000 and had a child with former spouse. In divorce decree he was to hold a life insurance policy for daughter in amount of 100,000 (no specific policy named). He did not. In 2005 he started a policy with me as beneficiary. Does her divorce decree trump the named beneficiary??? Also mentionable is that she received approx 30,000 from an IRA as beneficiary and she will receive 1515 SSI per month until she is 18 (approx 8 years). And that we have a child together also. Since we were not married I receive no SSI and have no home etc.
Submitted: 8 years ago.Category: Estate Law
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Answered in 2 hours by:
6/25/2010
Estate Lawyer: lwpat, Attorney at Law replied 8 years ago
lwpat
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25,387
Experience: Attorney with experience in wills, estates and trusts
Verified
You are entitled to the insurance policy in your name. That is separate and the ex cannot attach that. She can file a claim against his estate. Your child is also entitled to social security survivor benefits. It does not matter that you were not married for the child to receive benefits.
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Customer reply replied 8 years ago
I have received the life insurance benefits and my child receives SSI as well as hers. My concern is over her suing me for part of the life insurance, in the amount of 100,000 due to her per the divorce decree. Can she legally do this? There have been some cases where it has been done. But then again, I have read where any other funds they received count towards the amount owed in the divorce decree. Esp SSI, which reads much like life insurance. In which case over time she is receiving about 145,000 by the time she is eighteen years old. I am more concerned about the prior cases simkilar to this one in my state of TN. I had told my family lawyer that I would give it to her (she never filed anything, just heard thru the grapevine that she was irate) and gave my lawyer the 100000 which is a trust in my name currently. But her lawyer was supposed to file something asking for it and me to respond so that I would not have to pay gift taxes. In the meantime, she got 30,000 as beneficiary on deceaseds IRA and is receiving 1515 per month, and it has really occured to me that this doesn't sound right. But as I mentioned, I have seen some cases where beneficiaries have been sued. Please provide further. Should I spend money on an attorney to find out more info and what type of attorney specializes in this?
Estate Lawyer: lwpat, Attorney at Law replied 8 years ago
You have not offered a sum sufficient for research, sorry. I don't know why you would give your attorney the 100,000 but that is up to you of course. The key here is that he only started your policy in 2005.
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Customer reply replied 8 years ago
What is a sufficient offer for research?
Estate Lawyer: lwpat, Attorney at Law replied 8 years ago
We are not allowed to give a price, that is up to you but in this forum 15.00 is the absolute minimum to just answer a question and then it is the honor system to click on the green accept button. There are no gift taxes on life insurance proceeds.

Edited by lwpat on 6/27/2010 at 4:54 PM EST
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