My condolences on your loss.
Your mother must have also made your step-father the beneficiary of the life insurance policy. If so, your only option is to hire an experienced estate litigation lawyer to file a law suit against your step-father giving you a chance to prove what has happened.
You need to be very sure of your facts before you pursue such an action. An example of evidence could be if the prior beneficiary designation left the insurance to you and your siblings. Another example might be a Will supporting your facts plus a beneficiary designation assigning the insurance proceeds to the estate. (That is the only way the insurance proceeds are controlled by a Will.)
Once filed for probate, the Will should become public record. However, if he did not file it and you do not have a copy, your step-father can choose not to provide it to you. In a lawsuit, he might be ordered to provide it.
In addition, there should be significant money at stake, because this type of action is very labor intensive for the lawyer and thus, can be expensive for you.
There are no guarantees. If the documented evidence does not support your facts, you spend a lot of money and recover nothing. See an experienced estate litigation lawyer immediately because as time passes your chances of recovering money diminish.
To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison
Answered on Nov 18th, 2011 at 3:39 PM