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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15762
Experience:  Licensed Texas General Practice Attorney
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My mother passed away about two years ago. My question is

Customer Question

My mother passed away about two years ago. My question is I just recently found out that my mother had two life insurance policies. One was just for herself maybe about 10 thousand dollars. While she was alive she had taken out a different policy that would carry a rider on it for all of her grandchildren and great grandchildren under the age of 26. My brother was paying the premiums for this policy. Due to the fact the my brother's work took him out of town numerously he was not always home. He initially asked my sister to cancel the first policy, which she did not and my mother would just have the second one. My brother later on found out that he was still paying for both policies. Is this an legal issue that we as a family find out what happened to the first policy?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer.
I'm sorry to hear about your situation. As a "legal" issue, I suppose technically it is. As a policy that would pay to herself (if there was no beneficiary or if she was the named beneficiary on the account), it would be part of the "estate". Now if she had a will that designated where the money would go, or a general disposition clause that would dispose of property not otherwise disposed of in the will to some person, then the money would go to that person. Now the executor (if there was a will) or administrator (if there was not a will) would need to be formally named, or at least would need to file a small estates affidavit or summary administration (more could be found here: http://smallestates.uslegal.com/affidavits-and-summary-administration-laws/wisconsin-small-estates-law/)
Now it's not necessarily an issue for you, unless you would stand to receive some of this money by virtue of it passing to the estate. Again, if there was no beneficiary listed or the beneficiary was her, then it would go to the estate, and the legal heirs of the estate would have the claim for the money.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

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