Estate Law Questions? Ask an Estate Lawyer.
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.
Was brother the only named beneficiary of the insurance policy?
Did he have any children or spouse?
Did the insurance policy state that if he predeceased mother, then the money would go into her estate?
Are you saying that the niece, who is the daughter of the deceased brother, is claiming the $25K?
Ok, the way insurance policies work is that they are paid to the named beneficiary only. They aren't normally considered an asset of the estate so the will doesn't control the disposition of the money.
If the beneficiary is deceased, then the money goes to their estate unless the policy owner stated that their gift lapses if the beneficiary is deceased.
If there was a survivorship clause in the insurance policy, then since brother passed, the money would then go to the estate and would be controlled by the will.
But otherwise, it would go to the heirs of brother's estate.
You are very welcome. Happy to help any time, even though the news was kind of lousy...
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You are very welcome. At least with this outcome, all the heirs share in the proceeds rather than just one person, even if it is smaller amounts...
Have a great day!