What can I do to collect my fathers life insurance policy if my step-mother is preventing it? Posted on January 24, 2011

My Father was in the military, due to his training he got brain cancer, he died in April 2008 - I was 18. When he was diagnosed with stage 4 brain cancer in 2006 he had a will drawn up that stated (per my Nana-his mother, she read his will) upon my 21st birthday I was to receive 1/4 of his military life insurance. There were 2 other non-military life insurance policies and I did receive my 1/4 of these policies shortly after his death per his wishes listed in his will. I have asked my step mother for a copy of his will a number of times but she refuses to give me a one. And now that I am 21 I'm not sure what to do. The military says that I was not named as a beneficiary on his actual policy and that all his life insurance was released to her back in 2008. She was named his beneficiary upon them getting married back in 1999, I'm not sure he knew he had to change this because once he got sick my stepmother took care of a lot of his personal business - for all I know he was never made aware. I have done my best to maintained a relationship with my step mother and my step-siblings since my fathers death and she has stated that she does have an account with "my portion" of what my father wanted me to have, however, now she will not release it to me and claims that my father only wanted it to be used for my education... I don't know this for sure because she won't give me a copy of his will. My problem with this is that the military is paying for my education and will continue to pay for it as long as I'm in school and maintain passing grades - which I do. My father knew that the military would be paying for my education before his death... She says she has this money and will give it to me when needed for my education but I am having to pay for my own books. What are my legal options? I don't even know where to begin or even if I can do anything to get what my father wanted me to have. I am a full time student and work part time and don't have a lot of money.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Click to View More Answers: