I have custody of my 2 children who's father recently passed away and I would like to know if I need a letter of guardianship in order for them to receive the survivor benefits that they are entitled to from the military %26 his life insurance. Their father was in the military, in active duty.
Answers:
No, just file. I assume you and him were still married at the time of his death, if so, there should be no problem at all, VA Administration should help you out with all the paper work. Your husband can name any person he wants as beneficiary to his life insurance. My nephew was killed last Oct in Iraq, his wife had the life insurance check within 36 hrs, and the children were put on benefits within a week.
I wouldn't think so if they are his surviving heirs. Consult an attorney on the specifics of the life insurance plan though. Insurance companies can be pretty sneaky and put all kinds of fine print in there, the government can be just as sneaky so get any kind of documents you can from them. They don't like to produce anything without a fight though so you might need an attorney for that too if they aren't cooperative.
go to www.usmilitary.mil and you should be able to find a connection to this question or at least be able to write to the branch of the service your husband was in to find out what paperwork you need to do to implement survivor rights for you and your children. You are entitled to benefits even if you and your husband were separated because you now care for the children alone.
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