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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3999
Experience:  30 years of experience
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My husband died and did not change hiss life insurance which

Customer Question

My husband died and did not change hiss life insurance which listed his father who died ten years ago and my husband did not leave a will I am his wife what can I do to get this insurance?
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.
I am an attorney with over 30 years of experience. I believe I can assist you with the information that you need but I need to review something for you.
Can you tell me if your father in law had heirs other than your husband.
Thank you.
Kind regards,
Customer: replied 1 year ago.
Yes his wife
Customer: replied 1 year ago.
You see Matt left a legal zoom will naming me the excatator of his estate and he has four children by his first wife do I have to get them to sign something I have not gone throuhg probate the insurance company has given me ten days
Customer: replied 1 year ago.
Hello I am still waiting for your answer
Expert:  Gerald, Esq replied 1 year ago.
Hi. Please bear with me as I verify somethings for you and prepare a response. It will take a bit of time.
Thank you.
Expert:  Gerald, Esq replied 1 year ago.
Is your mother-in-law still living?Do you know if there was a secondary beneficiary listed on the policy? I am guessing no. I'm confused by the legal zoom will. Is that your husband's or your father in laws?Kind regards,Gerald
Customer: replied 1 year ago.
My husband the insurance company said just his father a the amount is 23000 the legal zoom was my husband's
Expert:  Gerald, Esq replied 1 year ago.
Okay. Who has the children from a previous marriage your husband or your father-in-law? and is his current wife still alive?
Expert:  Gerald, Esq replied 1 year ago.
Also are you the beneficiary in the legal zoom will?
Customer: replied 1 year ago.
My mother in law is still living the children are my husband from his first wife
Customer: replied 1 year ago.
I am
Expert:  Gerald, Esq replied 1 year ago.
Okay. It isgoing to take me a bit to put this together, It is a little bit messy. Please give me an hour or so. Thank you.
Customer: replied 1 year ago.
I am his wife over 20 years and his death was not expected
Expert:  Gerald, Esq replied 1 year ago.
Hello: First let me say that I am very sorry for your loss. I should have said that right off the bat, but I was somewhat distracted by the complexity of our situation. Please accept my apology for my rudeness. Also, thank you for your patience. Because your situation is a bit complicated so I had to run through a few different sources to double check things. Let me try to break this down into bite size steps: 1) Because your father-in-law predeceased your husband, and there were no other beneficiaries named in the policy, the proceeds of the policy is to be paid to your husband's estate. It goes to your HUSBAND's estate, NOT your father-in-laws. 2) Your Husband's estate will be distributed in accordance with his Will that he prepared through Legal Zoom. 3) The insurance proceeds would be distributed as part of what is called the Residual Estate. If you look at the Will it should have a clause that says Residual or Residuary or Rest and Remainder. This is the portion of the estate (usually the largest) which is devised after any specifically named gifts are provided for. I must assume that as his spouse he left the residual estate to you. 4) I also must assume that your husband used the standard will kit. If so the Will would provide for certain specific gifts to his children. It may be as little as a dollar, but there should be something given to his named children. If the Will does not name the children at all then things get a bit more complicated and we will have to discuss that separately. (I don't want to get into that unless we have to.) 5) If everything I just stated is correct regarding what the Will says then you will be entitled to the entire life insurance proceed. This is how you get it: Take the Will down to the County Probate Court with a copy of the Death Certificate and apply to the Clerk for the necessary letters of authority. (Most of the property will pass directly to you as his spouse without going through Probate - but because the life insurance was not in your name it goes through the Estate). Get the claim form from the Insurance Company. File a claim to the proceeds on behalf of the Estate. Send the Insurance Company a copy of the Will, The Letters of Authority, a Copy of the Death Certificate and and copy of the Death Certificate or other proof of Death of the named beneficiary (your father-in-law). The insurance company should wirte a check to the Estate of your Husband. You will open an Estate Checking Account with your local nbank and deposit the check. You can then distribute the check to yourself as the residual beneficiary. That should be it. It will take a little time but you should not have difficulty. *** Caveat*** if the Will is not valid for some reason things will be different and more complicated. If that happens let me know and we can discuss that too. If any of this is unclear please let me know. I can also arrange a phone call. There is an extra charge for phone calls, but I will keep it to a minimum. I do not want you to spend extra money unnecessarily, but sometimes it is easier to talk directly. If you want to do that just click the accept button and enter your phone number where indicated, Or you can continue to post here at no additional charge. OR if you are satisfied you can just rate me. You can always ask follow up questions at no charge even after you do rate me. I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing. Kind regards,Gerald
Customer: replied 1 year ago.
In the will my husband left nothing to his children not even a dollar he left that part blank because he didn't think that they have any rights to what we had
Expert:  Gerald, Esq replied 1 year ago.
Hello: That can make things a lot more complicated. Sometimes when the children are not named at all they can try to contest the Will. BUT that will happen after the fact and has NOTHING to do with the insurance policy. Go ahead and follow the steps that we discussed and get the money into the Estate account. That is the most important thing to do right now. You do not need the signatures of the children or their agreement. Just process the papers and don't say anything to them about it or your husband's estate. If they later try to contest the Will for a descendant's share come back and we can discuss that. But right now don't worry about it. Good luck.Kind regards,Gerald