QUESTION

How can I become beneficiary after my husband's death?

Asked on Jan 02nd, 2012 on Estate Planning - Georgia
More details to this question:
My husband passed away with no will, and bills, bills, bills. He left his mother as beneficiary and I was left with nothing. Can I pursue her to pay funeral cost? Funeral director had me sign paperwork with all of us assuming that I would be beneficiary. I can not afford this payment, as she has done nothing to help, but has went shopping with the money.
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5 ANSWERS

Donald B. Lawrence
Sorry but I think it is unlikely that you can do anything. Life insurance proceeds by statute are not subject to the claims of creditors unless no beneficiary is specified and the money goes into the probate estate. Unfortunately, you signed the contract with the funeral director on the assumption that you were the beneficiary, unless you can show that it was a mutual mistake, you may not have a defense. Did this information help answer your question(s)? Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law. You may need to consult directly with an attorney and provide additional information in order to get the best answer.
Answered on Jan 10th, 2012 at 9:19 AM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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Sorry there is nothing that you can do legally to compel your mother-in-law to contribute or pay the funeral bill.
Answered on Jan 09th, 2012 at 11:21 AM

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Probate Litigation Attorney serving Garden City, NY at Berkman, Henoch, Peterson & Peddy, P.C.
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As surviving spouse, you have a right to certain assets even though a beneficiary had been designated. Since you will need to bring a proceeding in court to have the beneficiary turn over the funds to the estate, I suggest that you retain the services of an estate attorney to assist you.
Answered on Jan 06th, 2012 at 10:37 AM

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Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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Where there is no will in California, the surviving spouse has rights to inherit, the amount depending on whether or not there are children. Beneficiary usually means someone who takes under an insurance policy. You should consult a local attorney, being clear about your financial condition, until you find someone who will intervene on financial terms you can afford or on a deferred basis.
Answered on Jan 06th, 2012 at 8:53 AM

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Glen Edward Ashman
Insurance beneficiaries cannot be changed after death.
Answered on Jan 05th, 2012 at 5:27 PM

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