Williamson, GA Estate Planning Law Firms & Lawyers

Based upon the long term of the marriage, you are not likely entitled to anything. If you father had property that he had before the marriage and kept it separate, you might be entitled to something, but that is rare.

I'm not sure exactly what you are asking, because it looks like there may be a typo in your post. However, since you mention that your mother lives with you and has dementia, I am going to assume that you're asking how you can help manage her affairs if and when she begins to need that help.   If your mother is still relatively competent, even though she has a dementia diagnosis, what she ideally needs to do is get good estate planning documents in place. Those should include a Will, a Power of Attorney, and an Advance Directive for Health Care. Using the Power of Attorney and the Advance Directive for Health Care, she can name you (or someone else) as her agent for financial and medical decision making. These documents should allow yout to help her with whatever she needs help with if her condition gets worse. She may also want to create a revocable trust for herself, and name you or someone else as a Trustee. Having a revocable trust can be another way to ensure that someone can help you with your finances if needed. Please note, however: YOU can't do any estate planning for your mother. She needs to do it for herself.   If your mother is no longer able, or is not willing, to do appropriate estate planning and name agents who can help with her needs, then unfortunately you may eventually need to get appointed as a guardian (for health care) and conservator (for finances) for her. Those roles are ones to which you must be appointed by a court. You would need to hire an attorney to help you file the appropriate petitions. Contact an attorney who does guardianship and conservatorship work if you think you may need to go this route.   Best wishet to you and your mother.  

If these are the only portions of your decree that pertain to the annuity, then yes, you do still have a claim. Ownership of the policy stayed with her, which includes the ability to change the beneficiary. If she did not choose to change the beneficiary designation, then it is still valid. Unless you somewhere agreed not to accept any benefits from that policy, you should be able to receive and keep the death benefit. If the insurance company receives any conflicting claims, they may decide to pay the proceeds into court, and let a judge decide. That would probably be done in SC, if that is where she died. You should file a claim and see how the insurance company responds.