QUESTION
Am I legally entitled to part of my father’s estate or life insurance policy if I was not listed as beneficiary?
Asked on Jul 17th, 2013 on Estate Planning - Missouri
More details to this question:
My step mom is the beneficiary on my late father’s life insurance policy but he did not have a will. My father and I were always very close. Now my step mother is closing me and my family out of her life and my half brother’s life. She gave my father's truck and items to her son, my step brother.
13 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You are not entitled to the life insurance proceeds. You may be entitle to one-half of any property that was solely owned by your father, but if it was community property, you are not going to get anything.
Answered on Jul 25th, 2013 at 12:10 AM
3 Awards
I am sorry for your loss. Unfortunately, the to your question is "no, you are not, unless you are under 18." If you are under 18, then it may be possible. If you are under 18, consult with an attorney.
Answered on Jul 25th, 2013 at 12:10 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If not a beneficiary on life insurance you do not have a right to the proceeds. If not Will you may be entitled to a part of his solely owned assets. Anything joint with his wife becomes hers by operation of law.
Answered on Jul 25th, 2013 at 12:10 AM
You have no rights to the life insurance. Your rights to the estate will depend on the law of intestacy of the State where your father was living when he died.
Answered on Jul 25th, 2013 at 12:10 AM
Corporate & Incorporation Attorney serving Huntersville, NC
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Elliott Law Firm, P.C.
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The Life Insurance policy is a payable on death contract, and whoever is listed as the beneficiary will take the entire proceeds. As to the remainder of your Father's estate, your step-mom would be entitled to a Surviving Spousal share. If there is anything left after the surviving spousal share, then you may be entitled to take under the intestate statute.
Answered on Jul 25th, 2013 at 12:10 AM
The beneficiaries of the insurance policy are listed on the policy. The money bypasses the estate and goes directly to that person or persons. Depending on the intestacy laws of the state your father lived in at the time of his death, you may be able to claim a portion of the other assets in his estate.
Answered on Jul 25th, 2013 at 12:10 AM
Thomas Edward Gates
You do not have any claim, since you were not named as a beneficiary.
Answered on Jul 25th, 2013 at 12:10 AM
Beneficiary designations when properly done overrule the intestate succession statutes.
Answered on Jul 25th, 2013 at 12:09 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Life insurance is paid to whoever is named as a beneficiary. If you think you are entitled to property, you can file a case in probate court.
Answered on Jul 25th, 2013 at 12:09 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am sorry, but if you were not designated as beneficiary, then you have no rights in the insurance proceeds. Since your father did not have a Will, you WOULD be entitled to an intestate share of your father's estate. The estate would consist of all assets that were titled in your father's name alone. If the assets were joint with his wife or he designated her as beneficiary, then the assets would pass to her automatically. Your stepmother would be entitled to as much as the first $200k of all probate assets, plus 1/2 of the rest. You and your siblings would divide the remaining half. I am very sorry for your loss and the position you find yourself in.
Answered on Jul 25th, 2013 at 12:09 AM
2 Awards
I am sorry for your loss and don't know that I have great news for you. You really should sit down with an attorney and discuss the length of the marriage to your step-mother and what your father owned prior to the marriage. While you may not be entitled to any of the life insurance, you may be entitled to 1/3 to 1/2 of the property he had before the marriage
Answered on Jul 25th, 2013 at 12:09 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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How did she transfer the truck? If your father owned the truck, he still owns the truck, unless she forged his name. Will or no will, the life insurance goes to the named beneficiary. Other things may transfer to wife because they were joint accounts or because she is the beneficiary. If your father had assets which can only transfer through probate, then spouse splits those assets with his children who are not also her children.
Answered on Jul 25th, 2013 at 12:09 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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If you were not listed as a beneficiary of the insurance policy, then you asre not entitled to receive a share; as to the balance of the estate assets, you should obtain the assistance of a probate attorney to have yourself appointed as the executor, if there are assets, and at the very least obtain beneficiary representation to make sure you obtain what was intended for you in the will.
Answered on Jul 25th, 2013 at 12:09 AM