What to do if my father listed his wife as his life insurance beneficiary on the condition that she distribute part of the money to his children but she did not?

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What to do if my father listed his wife as his life insurance beneficiary on the condition that she distribute part of the money to his children but she did not?

I have an email from here clearly stating that my father wanted us to get the money. Are we able to take her to court for the money?

Asked on October 29, 2012 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  If your Father's wife was the named beneficiary on the insurance policy then that money is said to pass "outside the estate" and would go to her directly.  Generally speaking, that means that she does not have to share it with anyone.  Emails are not always accepted as "evidence" of an agreement or a Will.  Please take what you have to an experienced estate attorney to review.  But I would not get your hopes up.  Good luck.


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