Visitor Question

Is a mother able to access death benefits received by daughter?

Submitted By: Anonymous (Florida)

My mother, my daughter and I were in a serious car accident which killed my mother. She had a great insurance policy in which my daughter, 6, was under because she lived at my mother’s house. We are currently in a lawsuit.

I’d like to know, if there is any money disbursed into an account for my daughter, would I have access to it? I would like to possibly get us into our own home because right now we live with a friend and I am working two jobs; making enough to pay bills and child care.

Or, if the money is in her name and she is a minor, will it have to be put aside until she is 18? Any general information you can give would be appreciated.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Florida law requires the court to appoint a legal guardian for minors when a child receives proceeds from a life insurance policy.

Pursuant to Florida Statute Chapter 744 Subjection 342, the life insurance company will file a petition with the court to establish a guardianship for your minor daughter.

The funds of the life insurance policy will be deposited into a trust set up by the court. The court will then appoint a legal guardian who will have power and control over the proceeds. The proceeds may be paid through a structured settlement. The life insurance proceeds meant to go to your daughter will very likely be deposited with the court.

As the parent, you may contact the legal guardian and request certain funds be dispersed when those funds are necessary for the safety and well-being of the child.

However, the legal guardian will be very careful in permitting those funds to be dispersed. The court will scrutinize the dispersion of proceeds. For more information about Florida Guardianship click here.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 29, 2015

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Comments

One thought on “Is a mother able to access death benefits received by daughter?

  1. My friend’s husband died while riding his motor cycle to work. The driver of a car hit him. The other driver was at fault and is in prison.

    The lawyers she choose told her that the insurance proceeds has to go through probate court which does not sound right to me. I could be wrong please correct me.

    How does she know for sure what was awarded her by the insurance? The other party did not have comprehensive insurance only collision.

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