Q: My aunt passed away and left me a 10,000 life insurance policy that just covered her funeral expenses.
I have since located a life insurance policy through her employer with no beneficiary attached. Can Recoup the policy since I payed for the funeral and I am the executor and beneficiary of her will?
A: The newly discovered life insurance proceeds will probably have to be paid into your aunt's probate estate. However, you should check with an attorney in your state about whether or not a small estate affidavit may be used. You will likely have to show (or at least swear under oath) as to whom are your Aunt's heirs or, if she had a will, her beneficiaries. Then the proceeds might be paid to those persons. (If your Aunt had a will, it would name the executor and beneficiaries). An experienced probate lawyer in your state can ask for more details on your situation and advise of the available rights and remedies. Many offer free initial consultations. Good luck.
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