Is there any legal action they can take to receive any of the payment from the life insurance or get a claim to have the unpaid child support paid off 8 Answers as of December 02, 2013

My girlfriend (24), her brother (21) and sister (17), recent had their father passed away. He has some unpaid child support for the youngest sister, around $30,000. Her grandmother (father's mother) had taken out a large life insurance policy on the father. She has claimed that the children will see none of the money. Thanks for any help.

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Law Office of Joan M. Canavan | Joan Canavan
If the grandmother owns the life insurance policy on her deceased son, it is her decision as to whom she named as the beneficiary of the life insurance policy. If the children are not named as beneficiaries for a policy owned by the grandmother, the children will not receive any of the life insurance proceeds and the proceeds will go to whomever the grandmother named as beneficiary. The children should make a claim against their father's estate for non payment of child support. Perhaps there are items in the father's estate that will allow the daughter to receive the child support owed to her.
Answer Applies to: Massachusetts
Replied: 12/2/2013
The Law Offices of Tres A. Porter | Tres A. Porter
If it is truly a life insurance policy owned by the grandmother, then there would not appear to be much in way of alternatives for the children to receive any of the funds. Life insurance is a contractual issue that generally is not part of a probate estate.
Answer Applies to: California
Replied: 12/2/2013
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
Get an attorney right away to place a hold on the proceeds until you can prove up the claim for unpaid child support.
Answer Applies to: California
Replied: 12/2/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
The money does not belong to the estate, it belongs to grandma. So unless he had some other property, it is unlikely that the unpaid child support will be recovered. And even if it were, it would go to the mother, not your girlfriend.
Answer Applies to: Idaho
Replied: 12/2/2013
T.D. Stevens & Associates PLLC
T.D. Stevens & Associates PLLC | TD Stevens
If the life insurance policy designates a beneficiary than that person is the only person entitled to the insurance policy. You should have a consultation with an attorney so they can review the original child support order in order to properly discuss your options.
Answer Applies to: Texas
Replied: 12/2/2013
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    Unless the divorce decree or paternity decree somehow ordered the Father to maintain insurance for his support, there is no claim. Life insurance is separate from the estate of a deceased person and only the names beneficiaries are entitled to benefits. Also, the support is owed to the custodial parent, not the child, because the custodial parent paid more than her share while the child was growing up.
    Answer Applies to: Nebraska
    Replied: 12/2/2013
    John Russo | John Russo
    If the policy belonged to the Grandmother, not as just a beneficiary , but as the owner and beneficiary then why would they be entitled to anything?
    Answer Applies to: Rhode Island
    Replied: 12/2/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If she bought the policy, she selects the beneficiary. If it is not his estate, and it will not be, you are out of luck. File a claim against his estate.
    Answer Applies to: Michigan
    Replied: 12/2/2013
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