It sounds like she left the policy FIRST to her husband and THEN to your friend.....if this is this case the insurance proceeds belong to the husband's estate and since he died intestate, the proceeds will pass according to intestacy laws of your state....Husband may not have children, but may have living parents (doubtful) OR living siblings or nieces and/or nephews.....intestacy laws go up and down the chain. IF the husband AND your FRIEND has ben named co-beneficiaries, the insurance company would have notified her upon the death of her sister and strictly split the proceeds. As it stands, your friend will need an attorney to assist with possibly proving the HUSBAND has no heirs (if such is true) and that contractually via the insurance policy she should take the proceeds. A preliminary matter to be addressed is did in fact Husband already take the proceeds since he did survive wife. Good luck and I hope that helps.
Answered on Oct 06th, 2011 at 9:12 PM