My nephew's mom and dad got a divorce when he was 17. His dad emancipated him at that time. 7 years later when he was 24 my nephew passed. His dad happen to have life insurance on him.
The person who is the beneficiary on a life insurance policy gets the money. That's why it's important to revise your beneficiaries in case of divorce, a falling-out, or change of circumstances. As long as there was no fraud, or your nephew's father did not contribute to his death, he is entitled to the money.
You have me a bit confused. His dad would not have emancipated him--only a court or judge can do that....
Second, life insurance is paid to whoever the beneficiary named in the policy is. Anyone can be the beneficiary, as long as they were named in the policy. It doesn't matter if you knew them or not, or were involved or not. So yes, it is legal.
Your question sort of confuses me. First, a dad doesn't emancipate a child--the court does. To be emancipated, you must go before the judge. It doesn't matter if the parent wants or doesn't want it, its what the judge decides.
Second, anyone can collect on a life insurance policy as long as they were named as the beneficiary. It is perfectly legal for someone to have a policy on their child, regardless of if they were living with them, involved in their life, or got along great. If fact, you don't even have to be related or even know the person, you just have to be listed in the policy as the beneficiary. Nothing illegal about it and it is not fraud.
Reading your question only brings more questions to mind. At 17 years old, why was it even necessary for the nephew to be emancipated? Was there a problem with support?
His dad did go through the courts for emancipation. Thank you for your respone.
It just hurts because for 7 years he did nothing to help him.
The court emancipated him per his fads request so he didnt have to pay child support for 1 year
It may be your term "emancipation" that is confusing us, as it can mean several different things. In my state, if a child is emancipated, it means that in the courts eyes, they are now an adult. If they are an adult, then they would no longer get child support or having to follow their parents guidelines, and can sign for themself on things that normally in the past the parent would have been required to sign. That is between the child and the court and the parents have no say.
However, in some states "emancipation" means separated from, or giving up the right to. So, if the parent gave up their parental rights (such as in giving up their right so the child can be adopted by someone else) then the parent is involved in the process... In that case, the parent would no longer pay child support but may still owe back child support.
And, also in some areas, since emancipated means "separated from", a few states use that term interchangeably with the term divorce, as in the wife was emancipated from her husband".
Which definition of emancipate are you meaning? Did the court recognize the son as an adult, or did the father give up his parental rights?
