Michelle Young: Pregnant Mom, NC. part 7

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  • #361
One can request in divorce proceedings that the other party continues and pays for a life insurance policy in the event they pass away before the minor children became of age. Otherwise, one can list anyone as the benefactor of their life insurance. ie not wise to list minor children as the courts/atty's end up with most of the money,if minor's involved better to list a trusted relative who knows your wishes..
 
  • #362
Thanks guys for your insight. Did that returned warrant ever pop up to read?
 
  • #363
scandi said:
Hi Otto,

I'm wondering if legally Michelle could change the policy to another beneficiary when she was still married to JY. I don't know if NC is a community property state.

Also, we had head the rumor of their seperation and possible divorce from a friend that posted at CTV. We don't know if this is true, but if it was the case, possibly action had already been started. I think the night before she was killed was the evening JY made his initial move out of the house with some of his posessions.

Scandi
Since I worked for a couple of different life insurance companies for several years I thought I would just share some insight. The owner of the policy is the person who has the ability to change the beneficiary. Most of the time the owner is the insured, but sometimes not. Obviously someone else has to be the owner of life ins. policies for children because they cannot legally sign the paperwork. The beneficiary must have an interest in the person's life when the policy is first taken out. After that you can change the beneficiary to whoever you want. And JY could have taken out a policy on MY and made himself the owner and bene without her having any knowledge of the policy, or perhaps he forged her name on documents for an existing policy where she was the owner-not him. As her husband he does have an insurable interest in her life and this wouldn't raise any flags at the insurance company (except for now that she's deceased). If he forged her signature on an existing policy, the insurance company will compare a previous signature of hers they have on file (from the app or other bene change) to the latest bene change-if there was one before they pay. Or, they should, I used to do it all the time. I have had circumstances where it was obvious the signature was forged.

The money will not go to Cassidy's trust unless that specific trust was named as the bene and set up prior to MY's death. The trust has to be in existence before you can change the bene to that trust-does that make sense?? When a trust was named as bene, the company should ask for a copy of the trust to have one on file. Then, at the time of death, they ask for another copy of the trust along with any amendments to make sure nothing has been changed. If there are questions, the co. would contact the attorney who handled the trust. If there is a trust and JY is a trustee/successor trustee, then there's a motive right there. He would be able to get his hands on the money. If the trust was not in existence after MY's death, someone has to get the money to put it into the trust. I have a hard time believing JY would just give her trust a large sum of money like that if he wasn't forced to.

However, sometimes if circumstances are such that the insurance company cannot really determine who to pay the money to or if succession issues are very unclear, such as no bene, no estate or insured and bene die very close together and they cannot decide who died first, ins. companies will sometimes interplead the money. They go to the court and basically tell the court-you decide who to pay this to, and that's what we will do. This is done so that no one sues the insurance company because the issues are so murky.

Also, you can designate more than one person as primary bene and indicate what percentage you want to go to each person. This is how my ex-husband's life insurance is until our daughter reaches 18. It was written in our divorce decree that he maintain me as the bene for a certain amount until she reaches 18. I've paid claims before where there were actually 14 different benes. They were the person's grandchildren. I divided the proceeds by 14 and that's what they each received.

I hope this clears some of the questions up.
 
  • #364
scandi said:
Thanks guys for your insight. Did that returned warrant ever pop up to read?

Scandi,

I keep looking for the warrant and so far have not found any link to it from any of the media outlets that referenced it. Sure would like to be able to read it so will keep looking. Hope you had a very nice holiday !;)
 
  • #365
Bellgardin said:
Since I worked for a couple of different life insurance companies for several years I thought I would just share some insight. The owner of the policy is the person who has the ability to change the beneficiary. Most of the time the owner is the insured, but sometimes not. Obviously someone else has to be the owner of life ins. policies for children because they cannot legally sign the paperwork. The beneficiary must have an interest in the person's life when the policy is first taken out. After that you can change the beneficiary to whoever you want. And JY could have taken out a policy on MY and made himself the owner and bene without her having any knowledge of the policy, or perhaps he forged her name on documents for an existing policy where she was the owner-not him. As her husband he does have an insurable interest in her life and this wouldn't raise any flags at the insurance company (except for now that she's deceased). If he forged her signature on an existing policy, the insurance company will compare a previous signature of hers they have on file (from the app or other bene change) to the latest bene change-if there was one before they pay. Or, they should, I used to do it all the time. I have had circumstances where it was obvious the signature was forged.

The money will not go to Cassidy's trust unless that specific trust was named as the bene and set up prior to MY's death. The trust has to be in existence before you can change the bene to that trust-does that make sense?? When a trust was named as bene, the company should ask for a copy of the trust to have one on file. Then, at the time of death, they ask for another copy of the trust along with any amendments to make sure nothing has been changed. If there are questions, the co. would contact the attorney who handled the trust. If there is a trust and JY is a trustee/successor trustee, then there's a motive right there. He would be able to get his hands on the money. If the trust was not in existence after MY's death, someone has to get the money to put it into the trust. I have a hard time believing JY would just give her trust a large sum of money like that if he wasn't forced to.

However, sometimes if circumstances are such that the insurance company cannot really determine who to pay the money to or if succession issues are very unclear, such as no bene, no estate or insured and bene die very close together and they cannot decide who died first, ins. companies will sometimes interplead the money. They go to the court and basically tell the court-you decide who to pay this to, and that's what we will do. This is done so that no one sues the insurance company because the issues are so murky.

Also, you can designate more than one person as primary bene and indicate what percentage you want to go to each person. This is how my ex-husband's life insurance is until our daughter reaches 18. It was written in our divorce decree that he maintain me as the bene for a certain amount until she reaches 18. I've paid claims before where there were actually 14 different benes. They were the person's grandchildren. I divided the proceeds by 14 and that's what they each received.

I hope this clears some of the questions up.
Bellgardin,

Thanks, it is nice to have your input on how these things can be done. If I followed your post correctly, it is entirely possible is it not, that MY could have completely excluded JY on any policy that she herself owned ? She could have named anyone of her choosing as a bene to include Cassidy but with Cassidy being a minor the establishment of a trust should be established?

Question - relating to the trust - would JY have to be named as the executor of the trust or could another family member be named (i.e. MY's Mom, Sis etc)?

Question - what would happen to the trust if the beneficiary was also deceased ? In general since all we can do is speculate that perhaps this may be.

If JY made any attempt to change a policy that MY herself owned - are there specific legal actions which could be taken against him ? Say he tried to change the bene or tried to forge her signature ?

Thanks Bellgardin - hope you have had a good holiday season so far !

RC


ETA - if the trust with Cassidy is indeed established and JY was named executor - there seems to be sufficient reason to leave the child alive yes?

If JY is not the executor - would JY have sufficient reason to still leave Cassidy alive ?
 
  • #366
Scout said:
I'm thinking that JY may have taken out a loan against one or both of the life insurance policies -- a loan that he didn't want MY to know about. Could be some kind of addiction that he was supporting -- gambling or 🤬🤬🤬🤬 more likely than drugs, imo.
Scout,

It is possible that there was some addiction with JY (other than drugs). Please note the attached link - JY posts as youngpack. It seems his computer keeps getting hijacked and in this link he is trying to get assistance to correct the problem. Not positive of where the computer gets hijacked to but probably a safe assumption it is somewhere rather nefarious.

http://forums.spywareinfo.com/lofiversion/index.php/%22http://lovefreegames.aavalue.com/LFG/t8591.html
 
  • #367
raisincharlie said:
Scout,

It is possible that there was some addiction with JY (other than drugs). Please note the attached link - JY posts as youngpack. It seems his computer keeps getting hijacked and in this link he is trying to get assistance to correct the problem. Not positive of where the computer gets hijacked to but probably a safe assumption it is somewhere rather nefarious.

http://forums.spywareinfo.com/lofiversion/index.php/%22http://lovefreegames.aavalue.com/LFG/t8591.html


Thanks for that link, rc. If I had to guess, I'd say Jason was into online gambling. But who knows at this point?

Re the insurance and trust issue: Even if Jason weren't executor, he would still have legal custody of Cassidy. It wouldn't be easy for anyone else to wrest custody from the father.
 
  • #368
Scout said:
Thanks for that link, rc. If I had to guess, I'd say Jason was into online gambling. But who knows at this point?

Re the insurance and trust issue: Even if Jason weren't executor, he would still have legal custody of Cassidy. It wouldn't be easy for anyone else to wrest custody from the father.

Yes, we are all speculating - good exercise for the mind. I would speculate the gambling as well only because it seems by insider accounts he liked sports and posted to several sports related forums - so possibilities exist.

As for custody of Cassidy, if the fellow turns out to be a murderer, custody might be viewed quite differently by a judge.
 
  • #369
Hi Raisincharlie!

Yes, it is entirely possible that she had a policy that she left JY out of completely. There is no requirement that your spouse has to be your bene or even know about the policy. Not for life insurance. 401k's are different. Regarding Cassidy, you are right about the trust. It's kind of complicated but, if MY wanted her to have the money for sure, the best way would have been to set up a trust for her and appoint a third party (like an atty) as the successor trustee, or someone besides JY that she trusted completely. You can make someone the bene and hope that they carry out your wishes to use the money for your child, but you can't really force them to after your gone. If I had a nickel for everytime that's gone bad, I wouldn't have to work! That's why the trust being set up at the time you make the bene designation is the best. That's also why you should ALWAYS make sure all of your beneficiary designations are all up to date-just some advice!

If you set up a trust, you can name whoever you want as the trustee/successor trustee. And you can change them later if you want. I have seen trusts where a trustee was revoked and replaced by someone else. It does not have to be your spouse.

The trust should contain all of the options of what would happen to the money if the person the trust is for dies. The attorney's job is to think of all of those options. You would only know by reading the actual trust and seeing how it is set up. It can be really complicated and I'm not an attorney or anything--just to let everyone know! I just have experience from the death claim angle. I would say though that if MY went to the trouble to set up a trust for Cassidy all on her own because she had that level of distrust in JY, she most likely would have conveyed that to the atty and they would have done everything they could to make sure he wouldn't have gotten his hands on the money. He probably wouldn't have been the trustee. That's why people make trusts to begin with-to make sure their wishes are carried out exactly and make sure certain people are included and sometimes excluded. Plus, they have financial benefits. However, if JY and MY set it up together before any trouble started, it's very likely that JY would become the sole trustee after MY's death. A minor wouldn't be a trustee. But even if the money would be supposed to go to Cassidy, if JY was the sole trustee, he alone would have control over the money.

If JY made any attempt to falsify or alter any life insurance documents illegally to profit from a policy, yes, the ins. co. could get him for fraud and forgery and call in handwriting experts and such. He could get into a lot of trouble for that. Plus, I would think that's just more ammunition against him for the police.

I've had a great holiday season and wish one to you too!
 
  • #370
Thanks Bellgardin - I now know I'm not totally crazy ! Just partially:crazy: .

Appreciate your input very much. I have gone down this track because I speculate that this marriage was well on its way to destruction before MY was murdered. JMO of course but I also speculate that 3 to 4 months before MY was murdered events were set for this destruction, JY began distancing himself by taking a job that kept him away 3 to 4 days a week, he also takes up with one of MY's sorority sisters, whether emotional or physical, he was withdrawn from MY. As Scout points out, there may be other factors involved as well. For some reason I do not see MY as being oblivious to this at all. I can see MY having motivation to change things. Just studying and speculating...I can see some motivators taking shape.
 
  • #371
I hope the next thing we hear WON'T be that MY knew about the affair with MM and she was fine with it. I think that was the dumbest thing SP said.
 
  • #372
packerdog said:
I hope the next thing we hear WON'T be that MY knew about the affair with MM and she was fine with it. I think that was the dumbest thing SP said.
Apparently MY was okay with it through college...not sure I'd rule it out.

ETA - affairs,
 
  • #373
Bellgardin said:
Since I worked for a couple of different life insurance companies for several years I thought I would just share some insight ...

Thanks for clearing that all up. So it is possible that Michelle set up a trust for Cassidy, perhaps with her sister or Jason as handling the trust and it would be in Jason's best interest to keep Cassidy alive.
 
  • #374
raisincharlie said:
Scout,

It is possible that there was some addiction with JY (other than drugs). Please note the attached link - JY posts as youngpack. It seems his computer keeps getting hijacked and in this link he is trying to get assistance to correct the problem. Not positive of where the computer gets hijacked to but probably a safe assumption it is somewhere rather nefarious.

http://forums.spywareinfo.com/lofiversion/index.php/%22http://lovefreegames.aavalue.com/LFG/t8591.html

The spyware problem was back in 2004 and could have come from anywhere. A lot of people, if I recall correctly, were adding anti-pop-up software and anti-spyware back then because it was really starting to hit personal computers. Even I have had issues where my homepage goes somewhere strange and more. In fact, I have some crazy thing in my computer right now and can't seem to figure out how to get rid of it in spite of using spy sweeper and several antivirus programs. I'm just saying I'm not convinced it's because of going to bad sites online.
 
  • #375
scandi said:
I think the night before she was killed was the evening JY made his initial move out of the house with some of his posessions.
Scandi
<respectfully snipped to address this part>


Great point Scandi!

I wonder exactly how much luggage old Jason had for his little over-nighter "business" trip. IF he is guilty, he had to have known he wouldn't be seeing the inside of that house for quite a while. Hmmmm.
 
  • #376
otto said:
Thanks for clearing that all up. So it is possible that Michelle set up a trust for Cassidy, perhaps with her sister or Jason as handling the trust and it would be in Jason's best interest to keep Cassidy alive.
Ditto that from me also! Much appreciated and a lot clearer now. IF Jason is the perp, that certainly would be a good reason for keeping Cassidy alive, in addition to making it appear that a 'stranger', i.e. burglar/intruder did it rather than a husband/father who didn't want the responsibilities of being such.
 
  • #377
I have a hard time thinking Michelle would choose Meredith to be her trustee. They were not very close from what I've heard, and from what we've read about Meredith she had some growing up to do. I say this with no disrespect to her but remember her 'my space' page.

I could see her having her mother be the trustee as they were very close. But if anyone other than JY was named as her beneficiary it would not benefit JY at all, so I could see him trying to change that name to his. It is the only way I can see this meaning anything, the fact that LE says these docs might show insight as to who killed Michelle.

To me that says either her will or insurance policy most likely had someone else listed as beneficiary, and that totally pi**ed JY off, giving motive for her death, and could have caused him to research how to create a new document to replace that page with his name as beneficiary. And like Charlie says, their relationship could have been pretty well over by then.

Scandi
 
  • #378
scandi said:
I have a hard time thinking Michelle would choose Meredith to be her trustee. They were not very close from what I've heard, and from what we've read about Meredith she had some growing up to do. I say this with no disrespect to her but remember her 'my space' page.

I could see her having her mother be the trustee as they were very close. But if anyone other than JY was named as her beneficiary it would not benefit JY at all, so I could see him trying to change that name to his. It is the only way I can see this meaning anything, the fact that LE says these docs might show insight as to who killed Michelle.

To me that says either her will or insurance policy most likely had someone else listed as beneficiary, and that totally pi**ed JY off, giving motive for her death, and could have caused him to research how to create a new document to replace that page with his name as beneficiary. And like Charlie says, their relationship could have been pretty well over by then.

Scandi
I have to agree that the documents could have been altered in some way, maybe raising the amount of the insurance, or that Michelle was in the process of changing the beneficiary to someone other than Jason.
 
  • #379
trying to go back to the beginning of all this to get caught up -- and have also done a search but no luck so far...could someone please give me a link to a recording of the 911 call? Thanks!
 
  • #380
ialy said:
trying to go back to the beginning of all this to get caught up -- and have also done a search but no luck so far...could someone please give me a link to a recording of the 911 call? Thanks!

I doubt that it is still posted on the news site that originally posted it. I have a copy of it that I could email to you. If you pm me your email I'll be happy to send it to you.
 
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