My family wants me to pay back from the life insurance money i got from my dad

Question

my dad who had residence in nevada passed away in that state and left me a sole beneficiary of his life insurance policy of 300k. The rest of his estate went to my mom who has residence in california. My mom passed away a year after and the estate is about to get settle, but she has three kids from aprevious marriage and they are saying that when the funds get distributed from her estate that I have to pay back 150k that should;ve gone to her. My dad did not leave a will. the insurance policy went to me as his beneficiary and the rest went to mom. Is this legal? or are they trying to stiff me out of money?

Answer 1

No way and you also make sure you get what's yours from her estate.  She wasn't the beneficiary so the estate is owed nothing.  Tell them to talk to the insurance company because if there was a 'mistake' it's not your problem.

PS  Your sister obviously is ot an attorney or an insurance person.....

Answer 2

They are wrong.  LIfe insurance passes outside of the estate, and is not subject to any inheritance laws.   Marriage does NOT give you any kind of "automatic claim" on a life insurance policy.  It's irrelevant where mom passed away.  The transaction between dad, you, and the life insurance policy is a done deal.  It's DONE.

Dad left the money to you.  This is legal.  They are trying to stiff you out of money.

Answer 3

Were your parents divorced?   If your dad stated YOU as the sole beneficiary than  the original inheritance (300k) is yours.  You DO NOT owe your mom 150k, especially if she and your dad were divorced.  The three kids from a previous marriage should have no bearing on your dads estate.

Answer 4

NO NO NO NO and NO. You are the sole beneficiary, they are not entitled to that money. If she was the person that should have gotten the other 150k, then they would have given it to her, and not to you.

Answer 5

Your dad named you as the beneficiary.  Period.  Its your money, and you don't have to give the other siblings a dime.

If your mother was entitled to any of the money, then she would have received it directly from the insurance company.  Otherwise, if you were the only named beneficiary, you're the only one entitled to the payout.

Don't let them bully you out of the money!  They will lose if they try to take you to court.

(Also, sorry for the loss of your parents.)

Answer 6

Life insurance left directly to a beneficiary does not fall under the estate.  That is your $300K and they don't really have any legal right to it.  

Your dad could have named me beneficiary of that policy and neither you or anybody else in his family could do anything about it.  

Answer 7

If you were the named insurance beneficiary, the benefits pays to you, period.  Wills (or the lack of one) have nothing to do with it.

Answer 8

This is not legal. You are the only beneficiary of your father's life insurance policy and your father don't have any will left behind him that states in favor of them. So the insurance claim is your's.  Now you may go for legal action if any dispute occurs. Before that you need to consult an insurance professional for more details. I know one in my area and one of my friend recommend them to me - http://www.rghins.com/

Answer 9

As the sole beneficiary of the life insurance policy the money is yours. Your step siblings have no right to that money especially since your father is not their father and your mom did not question his decision. They might try and sue you in court in which case you may need an attorney to show that their claim is baseless since your father is not their father. They just want your money and are trying to stiff you into giving them what is rightfully yours.

Answer 10

They are wrong (or trying to stiff you).  The beneficiary of a life insurance policy gets the proceeds.  Period.  If your mother was not a beneficiary, she was not entitled to a portion of the proceeds.  If your mother had a will, her estate will be distributed according to the will.  If she died intestate, her estate should be distributed according to the laws of California.  If you are due a portion of her estate under California law, you are due it regardless of what happened with your father's estate.

You may want to hire a lawyer to let them know that you know your rights.

Answer 11

If you are the sole beneficiary of his insurance policy, then what you do with it is completely up to YOU.  

Your mom got the rest of his estate.  Whatever happens to THAT is up to her will.

Tell them to pound sand.

(Okay, well, tell them,"I belive that as the sole beneficiary of his insurance policy, it's up to me to determine what to do with the money"

Let them hire a lawyer if they like - they'll be told they don't have a leg to stand on.

(Amazing how death seems to bring out the greedy worst in some people)

Answer 12

A life insurance policy has nothing to do with a Will. The person named as beneficiary is the person who receives the money-not strings attached. You certainly don't owe any of that money for no apparent debt.

Answer 13

Wow! Just losing my Dad 12 months ago, I can image this is a real burden  you don't  need. While I am not an attorney, I would recommend you may need to get one.

Legal Assitance can get expensive. Our company contracts with Lawyers to provide their services at a discounted rate for our members.

My daughter recently saved a few thousand on her divorce. More details:

Answer 14

Do not let them bully you into giving them money! They sound greedy and envious that the money went to you. Discuss your situation to a lawyer, and tell your family if they have any questions regarding the money they can speak to your lawyer about it! !

Answer 15

It is in no way legal if your father did not leave a will. Since you were the only beneficiary of his life insurance policy, and your mother did not seem to ask you for any extra money, they cannot weasel money out of you unless they have a legal document binding you to it.

Answer 16

murder the kids from the previous marriage and take their estates too. cheapskates.

Answer 17

I am pretty sure the 300k is yours free and clear. If the insurance company paid out the money, then it is yours. They do not make mistakes about who gets the money. Life insurance with a specific beneficiary is outside of probate and is paid as soon as the insurance company has all of their paperwork in order. If your father just had cash sitting in a bank account with no will or beneficiary, they may have a case.

That said, contact an attorney that can give you the specifics for your case. It is a lot of money and you would be wise to spend a few hundred to make sure you are doing things correctly.

Answer 18

They are trying to guilt you into giving them money. Thats all thats on their minds and they're being greedy. Consult a lawyer and have one ready in case they get one, but if you were the beneficiary, they cannot force you to give them anything. they are trying to strong arm you into giving them money. don't fall for it.

Answer 19

If you were his beneficiary than the money belongs to you you do not have to pay back the money and if you dont take my word for it find and talk to a lawyer

Answer 20

its not legal, if your dad left it to you, he left it to you, It would be best to take a small part of that and get a lawyer asap. Even though it is an open shut case, they can still tie the money up in the system over a dispute for a long time.

good luck

Answer 21

They sound like greedy conniving little sneaks.You are the beneficiary which means you are the sole inheritor of the money from the life

insurance policy. Your mother had no legal right to it and neither do her children. You are entitled to keep the money and don't let anyone

tell you differently. Also you are entitled to any money your mother

left you in her will. If these people try to threaten you don't talk to them get a lawyer and let him/her do the talking. Enjoy the money I am sure that is what your father would want you to do with it. It doesn't make any difference where they died. The

insurance policy is totally separate from his estate. It would

be like if I was a good friend of your father. He dies you get

everything in his estate but in his life insurance policy he

named me as the beneficiary. That would be my money and not you or your mother or your step sibs would have any

legal right to it. It is something that is not part of the estate.

Answer 22

They're trying to stiff you out of money.

If your mom has kids from a previous marriage, your father was not their father in any way shape or form. If you are the sole beneficiary of his life insurance, that means you, and only you, were to get his life insurance policy. These people have no right to ask you for money, nor do you owe them any. They're trying to guilt you into giving them money because they're (and your) mom passed away and they don't want to split $150k 4 ways, when you already got $300k one way. Don't let them try to bully you around. If you seriously are afraid they're trying to get your money, take legal council and have a lawyer step in the picture, they'll back down immediately.

Answer 23

i think there trying to stiff you but im not legal person

Answer 24

If he did the insurance that way, that is how he wanted it, the only problem is the other family may take you to court. But I sincerely doubt they will win, the insurance company knows what is legal or not, sounds like to me they are just trying to cause trouble.

Answer 25

They are trying to stiff you. If they thought they had a case, they would have gone after you right after your dad died and left you as beneficiary of his life policy. Even though he did not have a will, the fact that you were the beneficiary of the life insurance policy is his wishes. They can try to fight you about it but it is going to cost them a lot of money.

EDIT: Doesn't matter that they were still married when he passed. His instructions were for the money to go to you. If his instructions were for you and his wife to split the money, then they might have a leg to stand on. With you being the sole beneficiary, they haven't got a case.

EDIT: It doesn't matter what state you are in or she was in. He died a year before her and the money was given to you at that time. She made no effort to retrieve the money from you. The money was yours at the time of your mothers passing. It's a done deal.

Answer 26

They are trying to stiff you.  Life insurance proceeds have not a thing to do with terms of any will or estate.  Such proceeds are due entirely to the person named on the insurance policy, and no one else has any claim to it.  Inform your greedy and grubby step siblings that this money is yours and yours alone.