QUESTION
What rights does my son have to his deceased fathers life insurance and will if he is not the beneficiary?
Asked on Jan 18th, 2013 on Family Law - Iowa
More details to this question:
My sons father passed away from terminal brain cancer. I do not know if there is a will but there is a life insurance policy that his current wife in in control of. She also took off with all the memorial donations intended for my sons education.
1 ANSWER
General Practice Attorney serving Ontonagon, MI
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Robert Peterson, Attorney at Law
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Life Insurance is a contract. As part of that contract, the owner of the policy designates beneficiaries, and the insurance company pays those beneficiaries per the contract. Normally, if the son is not the beneficiary, the insurance company will not pay the son, only the beneficiary. Insurance is not normally part of the estate.
However, you mention that there is no will. By law, without a will, the son may be entitled to a portion of the estate. Without a will, the estate would not normally go entirely to the wife. Contact a local attorney immediately to discuss this issue.
Answered on Jan 19th, 2013 at 9:33 AM