Estate Law Questions? Ask an Estate Lawyer.
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Did anyone ever file a probate case to settle father's estate?
What is your legal question I can help with this morning?
If there was a will, then someone would have filed a probate case to settle his estate. You can contact the local probate court in the county where he lived to see if a case was ever filed to settle his estate. If so, you can get copies of the entire case file as they are public records.
As for any life insurance, if there was insurance it would have been paid directly to the named beneficiary by the company as life insurance doesn't go through someone's estate. So if father changed his life insurance to make the new wife the beneficiary, that money would go directly to her outside of any probate case.
So if stepmother got paid then it would be up to her as to who she would divide the monies to and if no one else was listed or even if we were listed, she still could choose who to give it to??
If stepmother was the beneficiary, then that is her money. If she decides to divide it up, then that is her choice, but she has no legal obligation to do so. If you were listed as a beneficiary, then the insurance company would have contacted you and made a check payable out to only you specifically.
Each beneficiary gets their own specific check for whatever their portion was directly from the insurance company. They don't just give one big check to one person and say "Do you mind dividing it up among these X people".... They can only give the proceeds to the specific beneficiaries.
So if you didn't hear something within 6 months or so after father passed, then you weren't named as a beneficiary on any insurance policy, (if he had one)
Did you have any further questions I can help with?
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