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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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Do you practice law in Kansas? My 47-yr old brother unexpectedly died 4 mths ago w/out a w

Customer Question

Do you practice law in Kansas? My 47-yr old brother unexpectedly died 4 mths ago w/out a will.He was married & had 3 girls; then divorced.They are 20, 24 & 27 yrs old.His wife of 14 yrs(the girls' step mom) claims to have found a life insurance policy dated 1998 (while my brother was single) w/out a beneficiary listed.Is that possible? I suspect either the 3 girls or my parents would have been named as beneficiary.My Sis-in-Law has not been truthful about any of my brother's assets.She is upset bec there were multiple policies that she expected to be the sole beneficiary of.However, my brother named his youngest daughter to rcv 50% and his wife to rcv 50%.(His 2nd wife had 2 children & my brother wanted his girls to rcv some $ vs having his wife keep all the $ and/or share with her children....and none to my brother's children. His ex-wife claims she is setting up an estate to put the funds from this supposed policy with no beneficiary. See below
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
No, that is not possible--ANY life insurance is granted with some sort of a beneficiary, be it children, parents, even the estate itself, but SOMETHING has to be listed as the receiver of the funds.
As for your questions:
1)If she has hired an attny does he represent her unbiasedly or the estate?
That depends on how the attorney is hired. If hired to represent the wife, he represents the wife...if the estate, then the estate. Since those two parties are potentially adverse to one another, he can only represent one of them at a time.
2)Is there any way she can rcv more than 50% of assets held in my brother's name only w/out allowing the girls to step forward and claim their share?
Yes. This, however, is a very broad question--without reviewing the assets it is hard to answer it in detail. For example she can provide evidence of joint debts that his assets would need to pay for, and that would consequently lower the estate amount and make all shares smaller.
3) Is there any way she can try to take the funds away from my parents if they are the beneficiary w/out notifying them in advance & giving them option to keep it?
Legally, no.
4)If the girls went to visit this attny can he give false advice to them if he is representing her (ex-omit a deadline date)
He does not have to tell them anything. While he cannot lie directly, he is free to mislead and provide no information as he has no duty to them directly (provided that he represents the wife and not the estate).
5)How can I get more info on the policy since she won't tell me?
Retain your own counsel and sue via probate court to obtain information.
6)How can I determine if 2 credit cards held in my brother's name only do not list her as a payor?
Same answer as above, you would need to contact her attorney or obtain your own to get the information with court assistance.
Dimitry, Esq.