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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33798
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My Father died about 7 yrs ago in Montana, he was remarried

Customer Question

My Father died about 7 yrs ago in Montana, he was remarried so there was step sister and a step mother involved. They told us that our dad didn't have life insurance, now 7 yrs later they are spending lots of money and showing what they are doing and all their travels on facebook. so we are curious as to where all of a sudden they come into lots of money.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Did anyone ever file a probate case to settle father's estate?

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What is your legal question I can help with this morning?

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thanks

Barrister

Customer: replied 4 months ago.
As far as a probate I don't know what they did in Montana, I know we didn't. I just wanted to know if there was a will and why we didn't know anything about it?
Expert:  Barrister replied 4 months ago.

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.

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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.

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thanks

Barrister

Customer: replied 4 months ago.
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???
Expert:  Barrister replied 4 months ago.

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??

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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.

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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.

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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)

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thanks

Barrister

Expert:  Barrister replied 4 months ago.

Hello again,

Did you have any further questions I can help with?

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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