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Re: OT: What Would You Do?


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Posted by dhermesc on July 19, 2012 at 06:18:56 from (24.248.193.103):

In Reply to: Re: OT: What Would You Do? posted by Butch-Ia on July 19, 2012 at 05:55:51:

Agreed.

Fist thing I would do this morning is open another account and move the money to it. Then you need to call the insurance company.

If the insurance policy names the "estate" or "trust" as beneficiary it will be destributed by the terms of the will, if it names your daughter as beneficiary all of it is hers. The uncles have nothing to complain about (its their father's dying wish) - but make sure you know who is the named beneficiary. It would be best to get a copy of the last beneficiary designation form from the insurance company before you make any decisions.


If the estate or trust is beneficiary I would cut two checks - one for each of the two uncles for the amount that is their share and give it to the lawyer. It's not hers and she has no legal claim to it.


http://budgeting.thenest.com/power-attorney-override-beneficiary-life-insurance-policy-22895.html

A life insurance company pays benefits to the person or persons you list on your beneficiary designation form. Naming a beneficiary of your life insurance benefits in your will does not take priority over the person you choose as your beneficiary on the beneficiary designation form. For this reason, it’s important to update your beneficiary information following major life changes such as marriage, divorce, the birth of a child or the death of your spouse or partner. You can change your beneficiary designation any time you want except if you name an irrevocable beneficiary. In that case, you can't change the beneficiary unless the current beneficiary consents.


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