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Category: Estate Law
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hi my brother recently passed away in a single vehicle accident,

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hi my brother recently passed away in a single vehicle accident, his insurance company has told me that his accidental death benefits could only be payed to his spouse or dependant. He was never married or had children, and me and my sister are his only remaining relatives. is this sound correct?
This does not sound correct. Generally, if he does not name a beneficiary, there is a schedule under either state law or under the policy which states who gets the benefits (usually goes to spouse, then to children, then to surviving parents, then to siblings) In what state did he pass away?
zdnlaw and 4 other Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
we live in Calgary, Alberta ,canada
Thank you for your response. In Canada, the insurance code does not provide for an automatic distribution to people other than a spouse or dependent child. However, as that is the case, the benefit should be payable to your brother's estate, which will then be distributed according to his will or to the intestancy laws (since you are the only living relatives, it will go to you and your sister). The insurance company may not be aware of who is your brother's estate's legal representative. You may need to obtain authority from the probate court to continue on. I recommend contacting an estate lawyer in your locality for assistance in this matter. This kind of job shouldn't cost much in legal fees and will be worth it if the benefit is a lot of money.

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