What to do if a father did not keep a life insurance policy for his children as per a divorce decree?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if a father did not keep a life insurance policy for his children as per a divorce decree?

A divorce decree was signed by a judge 30 years agothat my father continue to keep a life insurance policy for his 4 children for the remainder of his life. Father remarried, passed and did not keep life insurance policy. All monies, etc. passed to stepmother and no Will probated/no estate he did have a Will. Is there any way the 4 children can hold the stepmother liable for terms of life insurance policy?

Asked on August 6, 2012 under Estate Planning, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You would not be able to sustain a claim directly against the stepmother per se; it would need to include your father's estate and the divorce decree. You should sit down with all of your siblings and an attorney and see what can be done. It may be simply your mother extinguished her rights for all of you if she did not insist on getting copies of the life insurance policies to ensure he was not in contempt of the order. At this point, you really need a probate attorney to help you first look for assets and then claim those asset.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption