General AdviceLegal

Child's Eligibility for Parent's Life Insurance

My son was in a car accident and he was killed along with his girlfriend, their car was hit head on on 11-27-14 by a drunk driver. My question is, he had a daughter that he never got to see but maybe 10 times and that was after begging her mom. The baby's mom told him she had 90 days to take him off the birth certificate and she changed the baby's name back to her maiden name. He begged her not to do it. Well when she found out my son got killed she wants my DNA now to changed the baby's name back to his last name. Isn't that pretty shitty.

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He had a huge insurance policy and that's why she wants my DNA. Is she entitled to change her name back and get this money after the child calls another man daddy? I can't believe she is crying like a baby saying she loved my son. I am so beyond hurt with losing my only son and now having her getting a lawyer wanting my son's money. Please answer this question for me. I have a lawyer, but they are checking into everything I told them. I just wanted to see if I could get a answer quicker on here.

By Lynn A.

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December 16, 20140 found this helpful

Any answer you get here more than likely will be wrong. Who was named as beneficiary on the life insurance policy and how would she even know about it? Let your attorney keep working on this.

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December 16, 20140 found this helpful

My condolences for your loss. There is no quick answer to your question. This legal situation is very complicated and there are many questions and issues that must be addressed by the attorneys on both sides.

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Please try to be patient and let your attorney move forward to obtain all the legal and insurance information needed to clarify the entire situation. Only then will all parties be able to understand the legal and insurance status of your grandchild.

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December 19, 20140 found this helpful

We are still waiting on a answer, we were told that she didn't like the first lawyer she got cause he told her the truth about what she done was wrong on the childs part keeping her from her daddy, and she got another lawyer that is a woman and telling her just what she wants to hear to get in on some of the money. This so sad that it took his death to want the child to have his last name only. This is my son and his niece, he was very attached to her but never eased his pain from not seeing his only little girl. He had just got a lawyer to fight for visits to see her. Now that we have picked up were my son started, she has done messaged telling us to leave her alone, but she can get a lawyer and request hair from my son 2 days after he got killed. Unbelievable.

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February 6, 20160 found this helpful

I can't answer your legal questions but I have one for you. In all your grief and loss, obviously this woman, who just happens to be the mother of this innocent child, has chosen to try to take financial advantage of you. That is despicable! But, what if this lovely little child is your real grandchild, a link to the son you lost? A precious reminder of him, a connection? I would do the DNA under the guidance of your attorney when the time is right. But before that, I would make sure that legally any money for the child is in a trust or otherwise protected for use by your grandchild only, when they reach an age you think they will be responsible with spending the money.

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That way the gold digging mother won't get it. On the other hand, if the mother is struggling financially to raise the child, you may consider contributing to make the child's life better. If the mother is truly an unfit mother, you can petition for custody of your grandchild, but it is difficult to get especially for grandparents. I really hope this child is your grandchild so you will have a wonderful piece of your son to love and watch grow up!

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