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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42903
Experience:  30 years as a family law lawyer .
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Can i sue for life insurance monies for my minor children if

Customer Question

Can i sue for life insurance monies for my minor children if my ex did not provide for them in the event of his timely death?
JA: Are there any minor children from the relationship? What is the custody situation?
Customer: Yes, 3 and I have legal custody of all 3 children
JA: Family law varies by state. What state are you in?
Customer: Maryland
JA: Anything else you want the lawyer to know before I connect you?
Customer: My ex was behind in child support before his death. In addition, he died unexpectedly from cardiac arrest. Am I entitled to copies of his medical records for the sake of our children?
Submitted: 2 months ago.
Category: Family Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 2 months ago.

Do you know if probate has been opened, did he have assets other than insurance?Thanks.

Customer: replied 2 months ago.
Hello?
Expert:  RayAnswers replied 2 months ago.

I am here.You cannot sue for life insurance it passes by contract not through probate.You can file creditor claim here for the back support if there was probate opened.You may check with county clerk to see if probate has been opened.

Expert:  RayAnswers replied 2 months ago.

Creditor forms to file your claim for support

http://registers.maryland.gov/main/forms/RW1128.pdf

Expert:  RayAnswers replied 2 months ago.

Here is where to check, its the register of will to see if probate was filed.

http://registers.maryland.gov/main/

Don't forget the kids here get social security survivor benefits until age 18.

Expert:  RayAnswers replied 2 months ago.

Apply here

https://www.ssa.gov/planners/survivors/howtoapply.html

Thanks for rating 5 stars.

Customer: replied 2 months ago.
I don't understand what probate is.
Expert:  RayAnswers replied 2 months ago.

If he died here and owned property or cars or bank accounts they file probate and you can claim against it.You cannot sue for life insurance because it pays by contract directly to the named heirs.It doesn't pass through probate so you cannot get at it.So if he had other assets you may yet get paid if you file creditor claim.Check with the register of wills to see if probate was filed.

Also your kids if they are under age 18 get social security survivor benefits.You need to file for those asap and get them started.That can help you with raising them.These are the ways you may get paid.It will not be from life insurance.

Customer: replied 2 months ago.
Can I request his medical records so that my children's doctors can know whether hereditary health risks exist?
Expert:  RayAnswers replied 2 months ago.

Yes through probate you can request these by writing the judge.You are due these, the court can order it.