QUESTION

Dad passed in Dec 2020 leaving 2 Prudential policies to Mom, who passed in April 2021 before claiming benefits. How do I claim the benefits?

Asked on May 30th, 2021 on Wills and Probate - Minnesota
More details to this question:
Mom's estate is not being probated as she left all her assets as TOD or with specific beneficiaries named. Prudential said to do a "Small Estate Affidavit" but Mom's estate is more than $75K. Is the small estate affidavit for Mom's or Dad's estate as I'm not sure which descendant the instructions are referring to.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
If the insurance company requires a Small Estates Affidavit or Letters of Administration or Letters Testamentary, the asset held by that insurance company did not pass to a designated beneficiary but to your mother's estate.  If the estate is more than the maximum allowed for a Small Estate Affidavit in your state, you must probate her estate formally.  Please contact a local probate attorney.
Answered on May 31st, 2021 at 5:12 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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