My dad passed on march 10 2020 and made his girlfriend the beneficiary of his 40000 life insurance but told her to pay

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Customer: My dad passed on march 10 2020 and made his girlfriend the beneficiary of his 40000 life insurance but told her to pay for his cremation which was 3000 and just to have a small gathering no funeral service but he told her verbally and me that whatever is left that it should go to hospital daughter me and my brother but he doesnt have a will except having her name as beneficiary on insurance and she doesnt want to issue anything to me or my brother and she has been filing single for years with cra and never claimed common law and wanted to know if there is anything wr can do to receive some of that insurance money
JA: The Lawyer can help you determine if that's legal. Where are you located? These laws vary by state.
Customer: In hamilton ontario
JA: Anything else you want the Lawyer to know before I connect you?
Customer: She is was never married to him but lived common law with him for like 6 to 10 years and now that he passed she does not want to give us anything
Answered by Debra in 2 hours 2 years ago
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Debra
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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry for your loss and to hear of this difficult situation.

Are you saying that aside from the life insurance policy there is no estate?

Customer
Correct there is nothing else except he was receiving pension
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Debra, Expert

So there is nothing you can do.

The life insurance doesn't form part of the estate. He designated her as the beneficiary so it's her money. Even if there was a Will it would not cover the life insurance as it is not part of the estate.

I am sorry this is not what you were hoping to hear.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
I thought that when there are children that they were entitled to something because yes it was verbally he told her to give so much to us but she is not and another question I have is he hadn't filed his taxes I heard in about a decade and she filed single not common law so if there was anything left on his pension would that be paid out to her as well or would it go to government and same with the d death benefit of cra for the 2500
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Debra, Expert

You are not correct. Children are not entitled to anything unless they are left something in Ontario. And wishes must be in writing for them to be binding. And as I stated earlier no Will would govern the life insurance because he designated his spouse as a beneficiary. He could have left the life insurance to the estate and then had a Will but he chose not to do so.

It has nothing to do with them being common law spouses or not.

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