If I have a daughter born of an extramarital affair and her father is the one married, can he get life insurance and name my daughter as a beneficiary?

I just need to know how the process works. He told me that he has life insurance from his job and he listed all his children as the beneficiary. All of his children are by his wife except for mine. I just want to know what would happen if something were to happen to him.

Asked on September 16, 2013 under Insurance Law, Mississippi

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

If he listed all his children by name, your daughter should be fine, she will inherit her share as a named beneficiary.  If for some reason, the policy just says "all my children who survive me," she may have a fight on her hands.  Is this man legally your daughter's father?  Does she have his last name?  Is he listed on her birth certificate?  Has a paternity test been done?  Do the wife and half-siblings know about her?  I would ask to see a copy of the form listing your daughter as a beneficiary.  

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

If he listed all his children by name, your daughter should be fine, she will inherit her share as a named beneficiary.  If for some reason, the policy just says "all my children who survive me," she may have a fight on her hands.  Is this man legally your daughter's father?  Does she have his last name?  Is he listed on her birth certificate?  Has a paternity test been done?  Do the wife and half-siblings know about her?  I would ask to see a copy of the form listing your daughter as a beneficiary.  


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