Question
What are the life insurance laws in Ohio?
My dad recently committed suicide and after his death we found two life insurance policies. My mom was the beneficiary for one and my grandpa was the other. My parents were divorced a few years back so she didn't get it and it went to my grandpa. My dad was highly abusive and almost three years ago I was removed from his care and a protection order was in place. I haven't talked to him since. In my dad's will he stated that if I respected him at the funeral some of his life insurance was to be used to pay for my whole college education. I went to the funeral and before I even walked in the door my grandpa began to fight with me. After the fight I asked if the casket could be closed for the service so I could attend (I did not want to see my father dead) and my grandparents refused and told me to leave. If I get a lawyer do I have any chance of winning my share of the money? I heard from my cop friend that if I am the soul heir I definitely have a right to the money no matter what. I do not want this money for monetary gain, I honestly need it for college. I am struggling to pay my tuition. I don't want to waste my time, money and effort if I have no chance of winning. What do I do? I am 18 now by the way.
1 month ago - 2 answers
Best Answer
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Life insurance doesn't work that way. A will CANNOT direct how life insurance money is paid. Divorce does NOT affect the beneficiary clause on life insurance. The ONLY people who get paid, are the named bneeficiaries on the policy. Once the money is theirs - and it gets mailed directly to them - it's THEIRS and they can do whatever they want. If Grandpa was beneficiary to both policies, the checks both go to him - period. It's his money, and you are NOT entitled to any of it. A lawyer isn't going to change that. It's not a 'win' and it's not 'your share'. Cop friend is dead wrong. He clearly doesn't know about insurance, or the law.
by mbrcatz
1 month ago
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Other Answers
If your mom was the beneficiary for one of the policies, then the payout for that policy should have went to her. It doesn't matter if they were divorced or not - life insurance money goes to the named beneficiary on the policy. (Unless you mean that your mom used to be the beneficiary on the policy, and your dad changed it to your grandpa after the divorce?) The only person who has a "right" to life insurance money is the person who was named as the beneficiary on the policy. Period. As far as the stipulation in your dad's will about getting some of the money if you respected him at the funeral - you'll have to consult an attorney about that. Its a pretty vague statement. Who's discretion did he leave that at to decide whether your behavior met that criteria or not? I'd assume its up to your grandpa to decide, since he was the named beneficiary on the policy. Your attorney will be able to tell you if you have a chance or not. It would be hard for anyone to say here, not knowing exactly what the wording of your dad's will was. But it seems strange that he tried to dictate what could be done with a life insurance payout - I don't think that would be legally enforceable. (Though if there were other assets, your dad could have directed them towards to you...if you complied with his wishes. An attorney could help you if that's the case.)
by sarah314- 1 month ago
If the insurance policies pay at all, they pay directly and only to the named beneficiary(ies). The beneficiary alone decides what to do with the money. His will does not enter into it at all - life insurance doesn't work that way. Your friend is mistaken.
by jlf- 1 month ago