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tina r | Can a mother keep her 23 year old son from a life insurance inheritance? |
well i have a friend who is supposed to be getting money from a life insurance inheritance , he found out that his mother has been getting a check for him since he was young but refused to give it to him especially now that he is of age to recieve it. |
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Doing the Right Thing
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By law, anyone named as the beneficiary in the policy has the right to all life proceeds. If the mother been collecting the proceeds for the child, the mother must give it up. If mother refuse, the child must take this issue to court. |
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murf_durf_04
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WELL MAYBE SHE WAS USING THE CHECK TO PUT A ROOF OVER HIS HEAD AND FOOD IN HIS STOMACH AND CLOTHES ON HIS BACK AND NOW MAYBE HE SHOULD JUST TALK TO HER ABOUT IT COME ON HE IS 23 HE SHOULD BE THE BIGGER PERSON AND SIT HER DOWN AND LET HER KNOW HOW HE FEELS ABOUT IT...
but with child support i know that the parents get it till the child is 18 or longer if they are at home and in school after that.... so maybe that is how this works.... talk to her and talk to a lawyer about it |
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mia t
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sure write him off of it.see your agent |
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Hadley
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He should retain legal counsel immediately. He has rights as an adult to receive all benefits due him from an inheritance, subject to any stipulations within the last will and testament, or trust left by his benefactor in the inheritance.
The action taken by his mother may be illegal or fraudulent. However, it depends on who the executor is, your friends age, and the wording in the will. All documents should be public record, or at least an attorney should be able to assist your friend in reviewing the situation and his options.
http://www.term-life-online.com |
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mkulda
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If he was a legal dependant of the woman, then he has no legal claim for the money.
He should declare his financial independence from her as soon as possible, perhaps even filing amended back tax forms to claim his own independence and then get a court to get him the payments, even making a back claim against her for the money he should have been getting had he not been a dependent. |
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jarelljboog04
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I DON'T SHE COULD DO THAT BECAUSE HE IS ENTITLED TO HAVE THAT MONEY AND PLUS THE CHECK HAS HIS NAME ON IT. |
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nalerij
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I would have him check with a lawyer, but I would say if it's coming in his name then it would be fraud on her part! She probably was ok when he was under age if he was under her care, but since he turned 18 I would say if he wanted to take her to court over the whole deal that he would have a case on his hands. He may want to check into that. That's not right and no mother, that's a good mother should do that to her own child! That's just not right! That's legally his money! |
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fortitudinousskeptic
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get a lawyer |
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that1tallguy
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Get a lawyer -- sooner rather than later and explain the situation to him/her. |
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Laz
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I assume the friend has been getting the money as guardian of the true beneficiary of the funds.
When the child became of age to receive funds, the funds should have been given to the true beneficiary (the son). Keeping the money from him may be illegal, and she may be liable for the money she has taken thus far.
Be very careful here....if the son finds out what has been going on, he can make some big waves. |
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mbrcatz
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Depends. Who is the check made out to? If it's made out to her, with the "intention" of her spending it on him, it's hers. If it's made out to him, and she's forging his name, he'll have to press charges against her to remedy the situation.
My guess is, she's probably custodian or trustee of the money coming in. Most of the time, the custodianship or trusteeship expires at a certain age - not necessarily 18. I know my parents had it set up to expire when the youngest child reached the age of 35. |
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