What are our rights if my mom passed and made my aunt beneficiary of her life insurance because my sister, brother and I were minors?

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What are our rights if my mom passed and made my aunt beneficiary of her life insurance because my sister, brother and I were minors?

Asked on August 13, 2013 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

As it stands now, your aunt appears to be the sole beneficiary to the life insurance proceeds. That is unless there is a writing to the contrary or other evidence (i.e. a witness) to the fact that your aunt agreed to be named as beneficiary in your stead since you and your siblings were minors at the time that the designation was made. In other words, you will need to prove that she was to be paid the proceeds on your behalf. Without more facts, it's hard to say more. If your aunt is now refusing to pay what you believe is your share of the proceeds, you need to consult directly with an attorney. They can go over the details of you situation and advise you accordingly.


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