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Rt | My father left me Life insurance money when he died that i can get once i turn 18? |
but my mother is claiming that shes not going to let me have it. Can she really stop me from having the money that my father left me for when i turn 18? |
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aaron p
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If he left it to you, then your mother (assuming she was your guardian) had complete access and control over it while you were a minor. She could have spent it all, and that is legally acceptable.
If he left it in a trust and she is trustee, she must uphold the terms of the trust. If she does not, or acts against the best interest of the beneficiary of the trust, then the beneficiary could have her removed as trustee.
Based on the conflicting advice here, it's clear an attorney is better equipped to give advice on this than an insurance professional. |
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Cadillacman
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Maybe. If the money was left in a trust for you, and your mother is the trustee, she can control when the money is given to you, and it can be doled out a little bit at a time. The trustee has complete control of when the money is disbursed to you.
If the money was left to you, in your name, she may or may not be able to delay getting the money to you, depending on the laws of your state. If your state says you are emancipated at 18, she has no control over you or your money after 18. If the age of emancipation is 21, or any other age, you'll have to wait. There are exceptions, of course. |
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james m
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Although you may be the beneficiary, I believe your mother is looking out for your best interest in not allowing your access to the lump sum of money. She is looking out for you so you as a young person won't waste it.
My recommendation is that you let it set and accumulate interest, then when you become a responsible individual, you'll know to use the money wisely. |
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mbrcatz
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If he left it to you, your mother doesn't have any access to it. If he left it to her, it's hers to do what she wants.
The insurance company pays the beneficiary, exactly how the policy was set up. As you're actually asking your mother, it sounds like the money was actually left to HER.
Someone can't leave someone else money, AND tell them what to do with it. Once it's theirs, it's theirs.
So, you need plan B. I'd suggest going to college, and working really hard. |
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Richie Rich
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Until you turn of legal age, the money is in the hands of your guardian with the intention of using it in your best interest.
What ever "best interest" means is debatable. The ultimate result though is she puts it up until you are of age.
If she doesn't do that, I would keep a very watchful eye on it and look into getting a lawyer's advice. |
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J
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I believe if you are named as the beneficiary then you are entitled to the money. As a minor you may not be able to do much. You mother is supposed to use the money for your benefit. but that can be difficult to prove. She can claim she bought food, clothes etc for you. If it is a large amount than it would be difficult for her to prove she spent it. But if she spends it you can sue but the money may be gone and you won't collect.
Find out what your mom plans to do with the money. Save any evidence (policy number etc) you can and then when you are 18 request an accounting of where the money is/went. If it looks like she stole it then you can pursue legal action. |
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