If the girlfriend is still alive then she can change her beneficiary. If she died and didn't change her beneficiary then you may have a claim if her estate went to your father. You should speak to an attorney. You refer to a "policy holder" in your question as well as an "estate". If the subject is a life insurance policy and your father was the beneficiary but was deceased when the insured died then be aware that the girlfriend probably named a contingent beneficiary on her policy.
Questions that must be considered: (1) Who died first, your father, or your brother? If they both died simultaneously then your brothers's insurance policy wouuld go to your father's estate UNLESS a secondary beneficiary had been named. (2) Who are the named beneficiaries on your brother's insurance policy? It actually makes no difference what their marriage status was, it is the NAMING of a beneficiary that counts, NOT their family status. If no other beneficiary of the policy was named you may have to hope that your father's will included you.
As long as she can prove who she is and that she is the person named in the will then your father's property will be distributed as he directed in his will. The court will not interfere with his choice of his own beneficiary on such a technicality.
From what I am understanding, you need insurance on your daughter's father? Are you married to him currently? Unless you have a financial investment in him (as in being married) or he signs the policy as the owner and has you or your daughter as the beneficiaries, you can not legally get a policy on your daughter's father. You must have some sort of financial investment risk if he passes away and unless you have a good enough relationship with him, if you are not married, for him to assign you as the beneficiary, you can not own a policy on him nor receive pay from the policy. If you are not married (which I am assuming by how you asked your question) only he could own the policy.
The life insurance proceeds are owed to the beneficiary(s), regardless of parental rights.
Yes you can. To get insurance, insurance companies, want to see an "insurable interest." Since he is the father of your child, you have an insurable interest on him.
You have to file a creditor's claim against the estate of the father.
This all depends on who took out the life insurance policy and who was named as the primary beneficiary at the time. The primary beneficiary is named within the policy document. The primary beneficiary may or may not be the father and/or mother. If the primary beneficiary is deceased, then check the policy for a named contingent beneficiary. If there are no named beneficiaries living, then the policy proceeds become part of the policy holder's estate. Please consult with a qualified attorney, to determine guardianship of the child's estate. Ask the insurance agent and a lawyer for a free consult to be sure.
If you were a beneficiary under a life insurance policy, you would be notified by the company. If you weren't but your brother was, you have no right to know.
Try reviewing this article http://moneycentral.msn.com/content/Insurance/Insureyourlife/P35421.asp also visit www.steveshorr.com/life.htm
The named beneficiary on the life insurance policy gets it. It is a contract and specifies who gets paid, usually it will be the spouse.
A life insurance policy for my father included his 3 children one is deseaced does the deseased child children then become heirs?