QUESTION
If my sister died without a will and 6 months later her husband died, can her son claim what she left?
Asked on Sep 07th, 2013 on Estate Planning - Michigan
More details to this question:
My sister died in February 2013. She had life insurance through her employer. However her husband never claimed it. He died six months later in September 2013. Can my sister's son (her husband is not his dad) now claim the life insurance? Also they did not own any real estate, but have cars and a boat. Can her son claim those?
13 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Life insurance is paid to the beneficiary named in the policy. You will have to check with the insurance company. On the other assets, you will need to check the titles on those. If they were not transfer on death titles, they will have to go through probate court.
Answered on Oct 21st, 2013 at 2:53 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe, maybe not. It depends on whether the husband took the property or it went to the son. It is possible that your son was entitled to one-half the boat and one-half the proceeds of the insurance if it was payable to her estate. If, on the other hand, she left everything to her husband, then her son is out of luck.
Answered on Sep 09th, 2013 at 5:20 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The situation you describe is complicated. The son may or may not have any claim on the assets. In most cases, the answer would be that he is out of luck. It all depends on the fact regarding the title of the assets and whether or not her husband had a Will. The general answer to your question is that upon the husband's death, the wife had nothing left to be left to her son. This kind of situation is one of the reasons why estate planning is so important. Presumably, the wife would have wanted her son to have something. Unfortunately, she did not take the time and effort to protect him.
Answered on Sep 09th, 2013 at 5:20 PM
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The life insurance maybe. Make a claim. The cars and boats might be more difficult as they technically transferred to the husband on her death. The only exception might be if she owned them before she married him.
Answered on Sep 09th, 2013 at 5:20 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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If the son is a minor, then a guardian ad litem claim may be successful. However as an adult, the validity of a claim by him, since he is not the direct issue of the father may cut him off, as the father's estate is entitled to the funds. However the beneficiary statement of the insurance policy, may direct payment in a different direction. Obtain the assistance of a probate lawyer.
Answered on Sep 09th, 2013 at 5:19 PM
Your sister's estate should have been settled first and her son should have received whatever he was entitled to under the state's intestacy law. Whether he is entitled to receive the vehicles will probably depend upon who owned the title to each one.
Answered on Sep 09th, 2013 at 5:19 PM
Estate Planning Attorney serving Spanish Fork, UT
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Prigmore Law
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Though he never filed his claim, the husband was the rightful owner of the insurance. At his death, his legal heirs, through will or state law, have the right to claim the insurance.
Answered on Sep 09th, 2013 at 4:55 PM
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Possibly. When your sister died, a portion of her estate would go to the child, regardless if the husband survived her. I would have to know what assets she had, which were community and which were separate (typically goes by when she acquired such asset).
Answered on Sep 09th, 2013 at 1:12 PM
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Probably not. Chances are all assets go the H's intestate heirs, his family. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 09th, 2013 at 1:10 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Maybe. The life insurance would have beneficiaries named, and there would be contract terms. It will depend on the exact terms of the contract. If husband was entitled to it, his estate may now be entitled to it. The other items, her son (probably, and exact relationships need to be pinned down) would get half, and Dad's estate would get half.
Answered on Sep 09th, 2013 at 1:08 PM
Sanford M. Martin
Her son has a right to claim but the claim must be processed in probate court. Intestacy laws will govern. Reason that estate planning should be pursued
Answered on Sep 09th, 2013 at 1:07 PM
Thomas Edward Gates
In Washington, when one dies intestate (without a will), the communal property does to the spouse. When that spouse dies (assuming he/she never remarried), the the estate goes to the children. He need only show both death certificates to claim the insurance. However, depending on the policy limit, he may have to probate the estate.Some insurance companies, want a court order to that effect. The car and boat are transferred with the death certificates too the department of motor vehicle. If he is the only child, there is no need to draft an affidavit to that effect.
Answered on Sep 09th, 2013 at 1:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If there was no will the husbands estate takes and the property goes by state law. You, and her son should counsel with an attorney.
Answered on Sep 09th, 2013 at 1:02 PM