Just over half of all Americans have life insurance, with men more likely than women to have coverage in place, according to data from Western & Southern Financial Group. Life insurance can provide important protection when someone dies, but things can become complicated if the beneficiary is a child.
“An insurance company generally cannot pay cash directly to a minor,” Jeffrey R. Loew, a lawyer and partner at Trust Law Partners, told Moneywise. “Instead, the insurance company may ask the parent or another legally appointed guardian to obtain a court order to distribute the proceeds.”
The court may “require the parent or legal guardian to open an account on the minor’s behalf and hold the funds there,” said Loew. And once the life insurance proceeds are in the account, the guardian must use the money for the child and give anything left over to the child in adulthood.
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But what happens if a minor inherits and the guardian misuses the funds? Let’s say, for example, that Eric’s late father, Nelson, made Eric the beneficiary on a $250,000 policy, since Nelson was divorced from Eric’s mother, Kate. Kate was appointed guardian of the property, but unfortunately, Kate used the money for many fancy vacations and other personal expenses.
Now, Eric is 26 and wants to know whether he has any legal options, since he feels his mother essentially stole his money. Unfortunately, experts say that pursuing legal action may be challenging for one key reason.
Kate may have breached her duty
First, if Kate really did spend Eric’s $250,000 on vacations for herself, she likely did something wrong in the eyes of the law.
“The guardian has ‘fiduciary duties’ — duties to ensure that the assets are managed with care and solely for the minor’s benefit,” said Loew.
“If the mother spent the money for herself, she did so by converting the funds, which basically means stealing the money from the account,” Lori Ashmore Peters, managing attorney for estate planning, probate and trust litigation at The Ashmore Law Firm, told Moneywise.
The law provides remedies in these situations. Specifically, Kate’s violations could give Eric the right to “raise civil causes of action for breach of fiduciary duty, conversion and misappropriation and fraud and misrepresentation,” Barry E. Janay, owner and founder of The Law Office of Barry E. Janay, P.C., told Moneywise.
Eric will have to decide whether he wants to sue his mom. If so, he’ll have to prove Kate spent the funds on herself and not his needs.
“Did she use it for health or education?” Mark Russakow, founding partner of Trust Law Partners, asked Moneywise. “Theoretically those things would have benefited you. If she took it to Vegas and lost it on the craps table, then you can sue her.”
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There’s a potential statute of limitations problem
Unfortunately for Eric, there’s a practical issue that could prevent him from making a claim even if Kate did act improperly. There’s a deadline, or statute of limitations, for pursuing legal action in cases like this. While the deadline varies by state, it’s generally only a few years.
However, there’s some potential good news.
“You can toll the statute of limitations to sue your mother until you are 18 and then the statute of limitations starts running,” said Russakow, while Janay explained that “a typical statute of limitations is between two and six years and some states have a ‘discovery rule’ that starts the clock ticking from when it would reasonably be likely to have discovered that you had a claim.”
If the statute of limitations where Eric lives is four years and the clock started running when he turned 18, it may be too late for him to sue at 26. Eric will need to confirm the timeline, whether a discovery rule exists in his state and when he found out about what his mom did.
If too long has passed and there’s no legal remedy, Eric may still want to talk to his mom and see if she’s willing to do the right thing and give him back some of his money. She may say no, but if she does, that could affect Eric and Kate’s relationship for years to come.
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Christy Bieber is a US based personal finance and legal writer who has 15 years of experience. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.
