QUESTION

Can a spouse collect on a life insurance policy that left her deceased husband as benificiary. Owner of policy died prior to her husband.

Asked on Oct 05th, 2011 on Trusts and Estates - New York
More details to this question:
I am helping a friend out with paperwork. She is 83 and currently in rehab/nursing home. Her sister died in 2009 (no children). and left a life insurance policy naming my friend and her husband as beneficiaries. Her husband died a few months later in 2010 (no children and no will). Why can she not collect her husband part of the policy without a lawyer??
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1 ANSWER

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

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