[WSBAPT] Met LIfe Survivor Income Benefits

[Jane Bitz]

Jennifer:

I had a case where a very high value insurance policy was being paid to a 9 year old child. The child's mother passed away and the father had never been involved with the child. Her Aunt petitioned for non-parental custody of her. We did have to notify the father, but he failed to appear at that hearing.

The only way we were able to have the life insurance payment made was having the Aunt appointed as the Limited guardian of the estate of the minor child.

Since this is ongoing income payments I can see the rational for the Guardianship, the court will be able to monitor the use of the money for the children. I suspect  that the mother will also have to become the payee for the children's social security survivor's benefits. In my case we asked that the Aunt would only have to account for the investment and income from the life insurance, but not have to account for the social security survivor's payments because the Aunt had to account to social security for those payments. It avoided duplicate reporting.

I think each child will have to have a separate Guardianship case filed because of the difference in ages.

Jane Bitz


Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer Modak
Sent: Monday, December 3, 2018 3:58 PM
To: 'WSBAPT at lists.wsbarppt.com' <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Met LIfe Survivor Income Benefits

Hi All

Anyone have any success with Metlife Survivor Income Benefits being given to the mother of a Minor, without having to get the mother "certified as the guardian"by the court? Metlife wants guardianship papers for the mother of the children of the surviving spouse. It seems a costly and long route to get the money released.

Thanks for any thoughts.


Jennifer M. Modak
Attorney at Law
Law Office of Jennifer Modak, PLLC
19125 North Creek Parkway, Suite 120
Bothell, WA 98011
206-747-0477

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