What if the deceased only designated one parent as beneficiary?

UPDATED: Sep 30, 2022

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What if the deceased only designated one parent as beneficiary?

My son died in a one car accident on Yokoto AFB. He only added his father as
beneficiary. My ex-husband was looked upon in the family is the overseer of funds.
I know my son did not expect for me not to receive anything. I feel he designated
his father to take care of everyone.

I have tried talking to his father about dividing up the funds between the deceased
father, mother, his wife and setting up a trust fund for his new born daughter and

He will not cooperate and boast about how this is his retirement and he’ll do what
he wants.

Do I have any rights as the mother of the deceased?

Asked on August 13, 2017 under Insurance Law, Texas


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

Answered 5 years ago | Contributor

Unfortunately, the beneficiary listed on a life insurance policy legally does not have to share the insurance proceeds with the deceased's heirs or beneficiaries. Such proceeds pass outside of the deceased's estate. Accordingly, no matter your late son's intent, his father is entitled to keep all of the money. While morally this may be wrong, it is legal.

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.

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