Are there any legal grounds where one could somehow retrieve a life insurance policy and/or unspent social security money from a sole beneficiary?

My friend’s mother died when he was 16. She signed her sister as the beneficiary of her life insurance in trust that she would distribute the money to my friend when he came of age. My friend’s mother also didn’t write any form of a will. When the time came to get his money, my friend’s aunt refused to release the life insurance or social security that she stockpiled to him. Some of the social security checks were also signed and cashed by his aunt after he turned 18 as well since the mail kept coming to her. His aunt also kicked him out of her house when he turned 18 with no notice.

Asked on July 8, 2012 under Estate Planning, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your friend received an inheritance from his mother a well as social security benefits as a result of the mother's passing when the friend was a minor, he is entitled to such monies now that he is an adult unless the trust agreement created by his deceased mother sets forth a leter age to receive such monies.

I suggest that your friend consult with a Wills and trust attorney as to his situation and get counsel as to the best way to proceed with matters.


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