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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116817
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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ok my son is 16 his dad just passed away and the life insurance

Resolved Question:

ok my son is 16 his dad just passed away and the life insurance company is asking me to prove legal guardianship i have a birth certificate with my name as his mother what else can i use without having to spend 300 to 400 dollars to go in front of a judge
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
I am afraid that you are going to have to be declared guardian over the property of a minor, which is more than just being his parent and legal guardian, this is a specific court process that grants you guardianship over his property AND it places you as a "trustee" over that property. What this means is that if you mismanage the property or use it other than for his direct needs, you can be held liable for violating your duty (this is over and above that as just a parent). The insurance company can require a court declaration of guardianship for financial and property purposes to release the money to you and if you do not provide it they will hold the money for your son until he turns 18.


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Customer: replied 5 years ago.
ok so i am the beneficiary on the life insurance policy but i am now divorced and in the divorce degree it states that the insurance policy should stay as it is under its current terms for the care of the minor children doesn't the insurance company have to keep me as the beneficary instead of the minor i am suppose to use the money to care for the minor that his dad has passed away
Expert:  Law Educator, Esq. replied 5 years ago.
Yes, the insurance company should be honoring the terms of the divorce decree and if you have submitted that order to the insurance company and they still will not release it to you, then you have to go to the court to get them to issue a new specific order to the insurance company. This is a different situation than if the minor were named as the beneficiary.
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