The insurance that the stepmother bought for the father, can the claim be distributed to the stepson

Hello, according to the facts of the case you provide, in accordance with the provisions of relevant laws, regulations and judicial interpretations, the beneficiary of the insurance contract refers to the person who has the right to claim the insurance money designated by the insured or the policyholder in the life insurance contract. The policyholder and the insured can be the beneficiary. The so-called life insurance contract refers to an insurance contract that takes the life and physical health of a natural person as the subject matter of insurance.

The insurer of life insurance shall pay a certain amount of insurance or annuity according to the agreement when the insured dies, is sick, disabled, incapacitated or retired due to accidents, disasters and old age as specified in the policy. Under normal circumstances, the beneficiary cannot be designated at will, and must have an interest relationship with the insured. Most insurance companies require the designated beneficiary to be an immediate family member of the insured person, i.e. parents, spouse and children.

If no beneficiary is specified, the sum insured is paid to the legal beneficiary. The so-called legal beneficiary, according to the provisions of the "Inheritance Law", this order is the order of inheritance, the first order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents. The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

In summary, the stepson can become the beneficiary of the insurance contract and thus enjoy the right to claim the insurance money.

If you live together, you are the legal heir, but the insurance contract has a designated beneficiary, this is not covered by the estate. Thank you.

The first person in line is the stepmother, and the beneficiary is generally written on the insurance, and she must write herself, so you may not have much power to distribute the insurance claim, but you have the right to distribute the estate.

Friend, I remember that the first beneficiary should be your stepmother's, so I suggest you consult a lawyer! After all, it's about rights! Still be cautious!

The beneficiary should be written on the insurance, and according to the beneficiary in the contract, no one else has the right to benefit.

The stepson is entitled to a distribution of claims.

Legal Analysis: As long as there is an insurable interest, it is fine. This includes parents, children, spouses and other persons with insurable interests. The stepfather is also a parent and can insure him.

Article 42 After the death of the insured, in any of the following circumstances, the insurance money shall be regarded as the inheritance of the insured, and the insurer shall perform the obligation to pay the insurance money in accordance with the provisions of the Civil Code of the People's Republic of China: (1) the beneficiary is not designated in a correct manner, or the beneficiary designation is unclear and cannot be determined; (2) The beneficiary dies before the insured and there is no other beneficiary; (3) The beneficiary loses or renounces the right to benefit in accordance with law, and there is no other beneficiary.

If the beneficiary and the insured die in the same event and the order of death cannot be determined, the beneficiary is presumed to have died first.

Lawyer's analysis: clan wide.

As long as there is an insurable interest, it is fine. This includes parents, children, spouses and other persons with insurable interests. The stepfather is also a parent and can insure him.

Legal basis]:

Insurance Law of the People's Republic of China Article 42 After the death of the insured, in any of the following circumstances, the Baoqiaoshan insurance fund shall be regarded as the insured's estate, and the insurer shall perform the obligation to pay the insurance money in accordance with the provisions of the Civil Code of the People's Republic of China: (1) the beneficiary is not designated, or the beneficiary designation is unclear and cannot be determined; (2) The beneficiary dies before the insured and there is no other beneficiary; (3) The beneficiary loses or renounces the right to benefit in accordance with law, and there is no other beneficiary. If the beneficiary and the insured person die in the same event, and the order of death cannot be determined, the beneficiary is presumed to have died first.

Legal Analysis: As long as there is an insurable interest, it is fine. This includes parents, children, spouses and other persons with insurable interests. The stepfather is also a parent and can insure him.

Legal basis: Insurance Law of the People's Republic of China Article 42 After the death of the insured, in any of the following circumstances, the insurance money shall be regarded as the estate of the insured late branch, and the insurer shall perform the obligation to pay the insurance money in accordance with the provisions of the Civil Code of the People's Republic of China: (1) no beneficiary has been designated, or the beneficiary designation is unclear and cannot be determined; (2) The beneficiary dies before the insured, and there is no other beneficiary; (3) The beneficiary loses or renounces the right to benefit in accordance with law, and there is no other beneficiary.

If the beneficiary and the insured die in the same event, and the order of death cannot be determined, the beneficiary is presumed to have died first.

1. If the house was bought by your father and your stepmother during their marriage, it belongs to the joint property of the two of them, after your father's death, and your stepmother has the right to share half of it, and your stepmother also has the right to divide the remaining half of your father's property with you, that is, your stepmother gets 75 percent, and you get 25. However, the other son has no right to inherit because he has no dependent.

2. If the property is your father's personal property (which is already owned with your stepmother), then you and your stepmother will have half of the property. The stepson still doesn't.

However, no matter how you look at it, your stepmother has at least 50% of the right to give away what belongs to him to others, but not to dispose of what belongs to you.

It is not particularly important whose name is written in the house, the key is to see whether it is premarital property, if it is property during the existence of the marital relationship, even if it is written in your father's name, then there is half of your stepmother, and the remaining half is your father's estate, entering the inheritance process, you and your stepmother have legal inheritance rights, if your stepmother's son and your father do not have a dependency relationship, then he does not enjoy the right of inheritance, then in this case, Your stepmother can get three-quarters of the property, while you can only get one-quarter. If your stepmother is older and there is a relationship between you, he can take care of the child support. As for your stepmother's insurance, if there is no designated beneficiary, if it is property insurance, generally your stepmother herself is the beneficiary, if it is life insurance, if your stepmother has any accidents, the heirs in the first order are generally the beneficiaries, if there is a dependency relationship between you, you, his own son and his parents can become the beneficiaries or the relevant persons who benefit from your stepmother's insurance.

Regarding the property, it should be divided equally among the three people. Because they all belong to the first order of heirs.

Stepchildren are equivalent to the rights and obligations of children.

Regarding insurance, there is no beneficiary designated, it is statutory, then. Your spouse and children are the first-order heirs, and you also have a share in the benefits of the policy. However, the customer can designate a beneficiary at any time, and it can be changed at any time, and once designated, no one else can share in the policy benefits.

A stepchild is the same as a child and has the right to distribute the estate.

Maintenance is the obligation of the child, and the stepchild is equivalent to the child and bears the responsibility of support.

However, the specific situation needs to be analyzed on a case-by-case basis, and it is best to consult a lawyer.

If your dad bought the house before he and your stepmom were married, the house is your dad's personal property. After his death, the house immediately becomes his inheritance, which is jointly inherited (equally divided) by his legal first-order heirs: his legal wife (your stepmother), his children (if your stepmother's son has not formed a relationship of support and support with him, he has no right to inherit), and his parents (if he is still alive).

If your grandparents have passed away before your father, then your father's estate will only be your stepmother and you two first-order heirs, and you will inherit 50% of the property rights in each of them.

If the house was purchased by your father and your stepmother after marriage, then the house belongs to their joint property, and your stepmother has half of the property rights, and after your father's death, half of the property rights belonging to him will become his inheritance, and the same will be inherited by his first-order heirs, that is, your stepmother and you will each inherit 25% of the property rights of the house, then if your stepmother designates 25% of the original inheritance from her to be inherited by her own son, this is legal.

As for your stepmother's insurance, if there is no beneficiary designated, if she has an accident, the compensation in the insurance will be counted into her estate after her funeral expenses, and the rest will be counted into her estate, which will be jointly inherited by her in the first order of law: her children (biological) and you (because you have formed a relationship of custody and support with her, you have the right to inherit), and her parents will inherit together.

In addition, because she and your father were married, and formed a proposed stepmother-child relationship with you, who was a minor at the time, and she also fulfilled her obligation to help and support you, you are responsible for supporting her.

1. Whether the stepmother's son can inherit the house and insurance money should be comprehensively analyzed and judged according to whose estate the house and insurance money is, and whether the stepmother's son belongs to the heir.

2. If the house and insurance money are the inheritance of the father, that is, the stepfather's son of the stepmother's son, then there are two situations whether the stepmother's son can inherit it:

1) If the stepmother's son has formed a dependency relationship with the father, then the stepmother's son has the right to inherit the father's estate, and the stepmother's son can inherit the father's house, insurance money and other inheritance;

2) If the stepmother's son does not form a maintenance relationship with the father, then the stepmother's son has no right to inherit the father's estate, and the stepmother's son cannot inherit the father's house, insurance money, etc.

3. If the house and insurance money are the inheritance of the stepmother, or the joint property of the stepmother and the father, then the part that belongs to the stepmother, and the stepmother's son certainly has the right to inherit.

4. One more thing about the insurance money, if the insurance money is obtained due to the death of the insured, and the beneficiary is not specified in the insurance contract, then the insurance money belongs to the legal heirs of the insured.

The stepmother is reasonable, and the order of inheritance is: spouse first, and children (whether relatives or not) are equally divided.

The house depends on whether it is personal property before marriage.

Personal property: Mother, and you have the right to inherit. The stepmother's son does not have the right to inherit if he or she does not have a relationship with your father.

If the husband and wife have joint property: divide it into four denominators and three points for you.

If the insurance money does not specify a beneficiary, it can be used as an inheritance. If there is a will, it shall be a will, and if there is no will, it shall be prescribed by law.

Summary. Hello, yes, according to the law, as the first-order heirs of the estate, enjoy equal inheritance rights and inheritance shares. The insurance company shall pay an equal amount of insurance benefits to the co-payout.

After my stepmother's death, can I share the insurance that my stepmother bought with her son?

According to the law, as the first-order heir of the estate, you have equal inheritance rights and inheritance shares. The insurance company shall pay an equal amount of insurance benefits to the co-payout.

The death certificate is all on the stepmother's son's side, if there is no beneficiary designated, the insurance company gave him the son, can I sue.

Hello, yes, if you have custody of your stepmother, then you can sue.

I was sentenced to my father, and after she was with my father, she wouldn't let me be with my father, and after my father died, she transferred my father's property with her son, and after my father was sentenced to be buried, she went to her son's side to dig the mold!

Hello. In that case, of course, you can choose to sue, and you can also get back the property at that time, so now you need to prepare evidence to sue them.

If you are not sure, continue to consult the teacher, and the two will give you detailed answers.