Rights of stepchildren


My ste no
Inp dad has a trust in both him and my mom and his son’s name as trustees , I’m not a trustee but my step dad said he had a insurance policy in my name , when he passes how would I get that policy if they don’t have my address ? And as a step child do I have a right to get a copy of it ? And could my step brother change that policy?

Marked as spam
Posted by Anonymous
Asked on December 25, 2021 9:16 am
Public question
Disclaimer: The response posted below is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.
Private answer

We need more information to be able to completely answer your question. First, is your mother living? Your mother has a minimum right of inheritance based on the estate planning documents (the trust for example) or what is called the elective share, unless she waived her rights in a marital agreement. If your mother is not living, then you may be able to inherit based on your status as her daughter - it depends on how the estate plan was drawn up.

As it concerns your rights as a beneficiary under an insurance contract, the insurance carrier will only make the payment to you. If the personal representative (not the trustee) of your step-father's estate is in possession of the insurance contract you can demand that they provide those documents to you if you have a legal interest (you are a beneficiary) under the policy.

Your stepbrother cannot change the policy, unless it was your father's desire to do so before he died, and your brother had the legal authority to do so under a valid power of attorney document and was acting on his behalf. (This can raise certain conflict of interest and breach of fiduciary issues depending on the circumstance surrounding any change that was made to the beneficiary designation.)

I would recommend speaking with an attorney as soon as possible, so we can provide more specific advice in your circumstance. You can schedule a free case assessment online at go.oncehub.com/rhbooknow or you can call us at 303-688-0944.

Marked as spam
Posted by Bill Henry (Questions: 1, Answers: 75)
Answered on December 27, 2021 10:18 am