QUESTION

how do i file a proxy paper for probate

Asked on May 23rd, 2013 on Wills and Probate - Illinois
More details to this question:
my mom passed away without transferring my life insurance policy to my name
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1 ANSWER

Estate Planning Attorney serving Batavia, IL at Drendel & Jansons Law Group
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I am sorry for your loss. I would like to give you an answer, but I am not sure what you mean by "transferring" the life insurance policy to your name, and I am not sure what you mean by "proxy paper". I assume the life insurance policy was owned by your mother. Was it a life insurance policy on her life or on your life? If it was a policy on her life, I assume you mean that she was going to make you a beneficiary. If that is the case, it is too late for anything to be done about it. She has passed, and whoever is the named beneficiary is legally entitled to the life insurance proceeds. Now that she is gone, nothing can be done to change that. If it is a life insurance policy on your life, then the owner of that policy right now would be her estate. Her estate will pass to her heirs (if she had no Will) or to her legatees (the people named in the Will if she had a Will). If you are one of the heirs or legatees, you would need to seek to have the policy ownership transferred to you through the estate. It may be counted as part of your share of the estate (if it has any cash value).  
Answered on May 23rd, 2013 at 4:53 PM

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