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My uncle recently passed leaving me as beneficiary to his life policy. He did not have a will and his estranged wife has contested via lawyer to the insurance company who would not make a decision and has stated if we could not come to an agreement that the proceeds would be sent to probate court. What will happen next as I do not have an attorney yet. How do they handle insurance beneficiaries in Probate court.

Submitted: 227 days and 20 hours ago.

Category: Estate Law

Value: $15

Status: CLOSED

Atlanta , Georgia

Already Tried:
I live in Ohio deceased uncle lived in Atlanta

Posted by Shelley 227 days and 20 hours ago.

Answer

If the court is brought in the court will review the beneficiary designation to determine if it was made by your uncle under his own free will. Since his wife and he were estranged you have an excellent chance to win the payment of the funds.

227 days and 20 hours ago.

Reply

I appreciate your timely response Shelley. You should also know that she is claiming that he had dementia and was not in his right mind when he named me as the beneficiary.

Accepted Answer

Then you need to be prepared to prove otherwise but she also has to prove the dementia with evidence from a doctor.

Expert:	Shelley
Pos. Feedback:	99.0 %
Accepts:	314
Answered:	3/26/2009

Attorney

Licensed Attorney for 7 years

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Atlanta , Georgia

Already Tried:
I live in Ohio deceased uncle lived in Atlanta

Answer

If the court is brought in the court will review the beneficiary designation to determine if it was made by your uncle under his own free will. Since his wife and he were estranged you have an excellent chance to win the payment of the funds.

Reply

I appreciate your timely response Shelley. You should also know that she is claiming that he had dementia and was not in his right mind when he named me as the beneficiary.

Accepted Answer

Then you need to be prepared to prove otherwise but she also has to prove the dementia with evidence from a doctor.

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Atlanta , Georgia Already Tried: I live in Ohio deceased uncle lived in Atlanta

Answer

If the court is brought in the court will review the beneficiary designation to determine if it was made by your uncle under his own free will. Since his wife and he were estranged you have an excellent chance to win the payment of the funds.

Reply

I appreciate your timely response Shelley. You should also know that she is claiming that he had dementia and was not in his right mind when he named me as the beneficiary.

Accepted Answer

Then you need to be prepared to prove otherwise but she also has to prove the dementia with evidence from a doctor.

Related Estate Law Questions

Atlanta , Georgia

Already Tried:
I live in Ohio deceased uncle lived in Atlanta