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What type of lawyer would I talk to?

  

What type of lawyer would I talk to?

Postby gifuhard » Sun Aug 12, 2012 4:06 pm

I want to sue my mother for part of my late stepfather’s life insurance. He passed away in 2009 and he had sexually abused me almost every day from the time I was 4 years old til about 19 years old. My mother knew of many incidents, including a time when he sexually assaulted me when I was 13 years old. When my stepfather passed away, he literally left me nothing. Because of his abuse I have suffered from anxiety, depression, and post traumatic stress disorder. I feel it is only fair because of the pain and suffering he caused that I should be able to have a portion of his life insurance, but my mom does not.
What type of lawyer would I talk to you about suing her? And is it still possible to sue her even though he passed away in 2009? All of this is in Rhode Island.
gifuhard
 
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What type of lawyer would I talk to?

Postby uisdean30 » Sun Aug 12, 2012 4:08 pm

I'm very sorry about your suffering. Good riddance to him. See a wills & estate lawyer. Unfortunately, abuse is irrelevant to the portion of life insurance you're entitled to. That depends wholly on the contents of the insurance contract between your dead stepfather & his insurance company.
That said, you won't know the contents of the contract unless you sue, & so you should, especially since most insurance contracts provide for all dependents, including stepchildren. Your lawyer can compel your mother to provide access to the contract, & you'll quickly find out what your cut is (if any)
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What type of lawyer would I talk to?

Postby layton » Sun Aug 12, 2012 4:15 pm

It's too late. Generally you can only sue until the age of 19 or 21 for incidents that happened while you were a minor.

Unless he was convicted of his crimes, your case wont' go anywhere because there will be no real documentation other than your word.

I suggest you get counseling to learn to move on and become a survivor rather than a victim. That's for your sake, so you can move it to the past and get on with your life and find a way to forgive your mother for your sake.

Life insurance is not part of an estate and so the most you could do is sue on a personal injury basis. Even if it had to do with an estate, you can't break a will on the basis that the dead guy was evil. You can try calling personal injury lawyers, but I doubt they would take the case.
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