Question on step parents, divorce papers and death?

Question

My father passed away recently. Our step mother is refusing to give us any kind of information and is insistant that there is no will.  My mothers divorce papers read 

"Responsible party & amount - Father shall maintain his present life insurance policy or obtain a life insurance policy with total death benefits of at least $100,000.00 naming the children the irrevocable beneficiaries. Mother shall maintain her present life insurance policy for the benefit of the minor children naming htem irrevocable benefitiaries.  Father shall not borrow against the life insurance which is required to keep in force for the benefit of the children of the parties or to do any act which would in any way jeopardize the amounts payable for the benefits of said children. Father shall designate Mother as the trustee for the proceeds of said policy until the children reach the age of 21"  

I realize that now Im 30, but being irrevocable would mean that we would have to notified if we were removed. So since none of us have received such notification do you know of any way we could find out any information? My fathers sections all state children and my mothers sections all state minor children, so I assume that this means that my father had to keep his and my mom could cancel hers when we turned 18...but again im not so sure :( Im on the other side of the planet atm so theres not a whole lot I can do from here but just trying to see if anyone has any ideas.

elysialaw · Accepted Answer

The omission of the word "minor" can make it confusing, however no Court really has the jurisdiction to tell your father (or his estate) what to do with his own finances once he has no financial obligation to his children when they are over the age of majority and have passed the time they could have used to get post secondary education.

Teekno · Answer

No, you wouldn't have to be notified. If none of the children are minors anymore, the policy may simply have lapsed and you wouldn't have been told.

If there is an insurance policy where you are the beneficiary, then the insurance company will find you. That's their job.

wendy c · Answer

No. In your question, the word "minor" does show up. It seems to be nit picking that his says "children" and hers says "minor" children. 
Any court order concerning children would intend to deal with his obligation to them, as minors. It makes no sense at all, for any court to order that he would have to continue a policy, once they were adult, as he has no liability from that point. 
I would say if you took the above to court, a judge would rule on what the INTENT of the document was, and that the intent is no longer valid or enforceable.

Anonymous · Answer

I would imagine this was all void once the children became the age of majority. Your step mother was probably the beneficiary, as spouses generally are unless they sign a waiver. At least in my state... the law may vary from state to state

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Question on step parents, divorce papers and death?

4 Answers