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  1. #1
    Join Date
    Apr 2012

    Default Father Trying to Attain Assets from My Mother's Estate - I Think Expired

    My question involves a child 'support' case from the State of: Missouri

    Hello, I have an interesting issue happening with my Mother's estate. She recently passed, and I am her sole trustee. My mother and father had been divorced for over 20 years when she passed.

    Out of the blue, my father called me and said that he is owed $150,000 from my mother's estate, because they agreed to 'take care' of each other in the event one of them passed. He sent me a scan of the pertinent page from their divorce agreement.

    Another pertinent fact: My younger brother Daniel is now 30 years old.

    After carefully reading the page multiple times - I am of the opinion that this was a 'child support' life insurance policy setup so that if one of my parents died while my brother and I were minors, that there would be coverage for the other parent in their life insurance policies.

    Section A (in my opinion) - clearly shows that this requirement ENDED when my brother turned 22 years old.

    I think that my father is misreading the LAST sentence in Section B - which says: "Such obligation shall remain in effect despite the remarriage of either party and shall terminate upon the death of the beneficiary." - I think he is reading it as "terminating on the death of the INSURED" - which would make no sense, since Section A clearly laid out an expiration for insurance requirements.

    I interpret that last sentence in Section B the following way: If my brother and I were still minors, and my mother had re-married, if she had passed away at that time, her estate would have owed my father $150,000 - but my FATHERS obligation would be terminated because of the death of his beneficiary (my mother).

    Any thoughts on this would be appreciated. I put this in this category because I felt that the life insurance requirements on this were a part of 'child support' coverage.

  2. #2
    Join Date
    Jun 2017

    Default Re: Father Trying to Attain Assets from My Mother's Estate - I Think Expired

    Insurance proceeds are not part of the estate. If there is no policy, that doesn't give a purported beneficiary of a promised policy a claim against the decedent's estate. If your dad wanted to enforce that life insurance provision that he be a named beneficiary, he needed to pursue that when your mother was alive. Ignore him. He is not owed anything.

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