QUESTION

My mother was named the beneificary for my brothers life insurance both are deceased my mother passed on Aug 10, 2011 my brother passed June 2, 2012.

Asked on Jun 18th, 2012 on Wills and Probate - Maryland
More details to this question:
Does the money go to her heir which is me. my Brother had his son''s name on the insurance also as beneficary put it was crossed out does this still make him the onle beneficiary? My brother had no will. what can I do legally to collect the insurance.
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1 ANSWER

Each state is different so my knowledge as a California attorney might only be part of the answer for you. I encourage you to find an attorney in your state to verify what I am telling you.  I would think since mom died BEFORE brother that you are getting nothing here. I say this because it is your brother's life insurance to do with what he wants. If he had named mom as the primary beneficiary and died before mom then mom's share would be vested and then you would likely receive from mom. However, since she died first it's not vested in mom so it remains totally your brother's insurance. Then the issue is who should receive brother's life insurance. The crossed out son is confusing but ultimately I don't think it gets you the money. Even if the life insurance company were to accept the cross out the life insurance probably then passes to your brother's estate in probate Court. His kids, not you, would be his heirs at law. I don't think you have a case here. I am sorry.  -John
Answered on Jun 19th, 2012 at 10:19 AM

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