Am i entitled to some money..legal question..help?

Dragonfly

First off, sorry to hear of the loss of your dad. I don't know about the car since he gave it to her before he died. For whatever reason he wanted her to have it. Since he told you he sold it. He obviously did not want you to have it. So there's probably not a lot you can do about that. The insurance policy and $20,000.00 in the bank, however would depend on whether or not you or any of your family members are the beneficiaries. If anyone of you are the beneficiaries then it would go to you. With the exception of whether or not he left a will entitling you to it or however it is written. Since you are under 18 it most likely would not go directly to you. But, since I don't know your family situation. I can't really say. And just because you are the oldest child doesn't necessarily give you rights to all of it or any of it. That just depends on what a will says. If it says in a will that it will be split among all of you, then you'd be entitled to some of it I would think. But if he didn't leave a will and her name is not on the bank account then, legally she would not be entitled the money in the bank. Unless they were married at the time of his death. It would go to the estate and should be used to pay off any outstanding debt. In which case 'none of you' should even consider spending it. For the real answer you'd need to contact a good lawyer. Also, if she is the policy holder then it would be her insurance money. I don't know if a lawyer can make her prove anything or not. That would be up to the courts.Good luck. And God bless. Oh, and I don't think you are being selfish, just curious I hope.

HMUSN

your father just died and you are worried about a car?

no wonder your sister got everything.

for shame.

A B

You are not entitled to anything.
He can leave his money or possessions to anyone he wants.
And the insurance money will go to whoever the beneficiary is.

You are very selfish and self centered.

Turning 16 does not entitle you to a car.

Starguard

You're entitled to nothing because you're an ungrateful materialistic brat.

v b

Your father had the right to make gifts (unless he owed money). If he gave everything away before he died, you can't do anything about it.

you're lucky I'm nice

no. stop being selfish. your dad freakin DIED.

Mo~Ma

If these are the wishes of your Dad you should follow them, it might not be fair but that's the rules. If the insurance policy has your sister's mom as beneficiary that's what the law goes by. Sorry your Dad didn't think about 'all' his family members before he made these decisions, but this is the way he decided to leave this world.

rtfm

Sounds like your dad left all his stuff to the right side of his family.

Tell your sister and her mom that we're sorry for their loss.

he's not being selfish. if the relatives of a deceased don't look out for the deceased's property than some scam artist or sleazy family member will steal it away. but if ur dad gave the car to the lady and she's named on the insurance policy then I think your out of luck. as for the bank money his will ought to say where that goes

nam_miles

If your father had a will, the will rules. If he died without a will (called intestate) then his property (estate) should have gone through the probate process, a dividing of the estate by the court. This varies by state, but generally the spouse inherits if he was married at the time of death. If not, then the estate is divided equally among surviving children. This assumes he didn't give some or all of his estate away before he died, which probably takes it out of the probate process. It also assumes none of it was joint property, like a joint checking account or two names on the car title, in which case the surviving joint member inherits. The insurance policy is paid to whoever is named as beneficiary of the policy.

Bibs

Your father has the right to give his money to whomever he chooses. The insurance will be payable to the person who is named as the beneficiary. If there are any assets that are not already given away, they will be distributed according to the will. If there is no will, they will be distributed according to law in your state. Most states give 1/3 to his wife, if she is living, and the remainder to be divided between his children. Some states have enacted variations of this.

Judy

You aren't entitled to anything. It was your dad's choice what he did with his belongings and his insurance policy.

whoknewthecolorcouldbeblue

How did you come to find out that your Dad gave the car to his other daughter's Mom...after he died? Or did he tell you himself?

You should definately sue and force them to provide proof. A signed over title, or a promisary note, etc. Otherwise, its their word against your Dad who is no longer hear to give his side. If its not in his will and they don't have proof in writing, then the car goes to your Dad's next of kin...which is your Mom, then your brothers/sisters in order of birth, unless otherwise explained in a will.

I don't see how these people claimed his money, insurance policy, and car after he died. Like I said, can they prove in writing or in a will that it was supposed to be theirs? If they cannot, you definately have legal right to the money. You should get an attorney and have this looked into if you believe in your heart of hearts that they are taking advantage of your father's death. There is nothing wrong for wanting your Dad's car and money - its not really the things, its the fact that they were your Dad's, and I know what its like to want to keep something because it means so much to you.

If the family didn't even need the money, they are just greedy and cold to keep it instead of giving it to you. You are young, and obviously in need. That's not right.

Good luck :)

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