Q: We have a 80,000 insurance claim coming, how will it be divided among the estate?
The insurance claim is resulting from injuries that caused his death. We were told by the company that we had to include the siblings in the estate. So we have his current wife, my sister and I, and his 7 siblings included. Does this money get divided evenly?
A: If life insurance proceeds are payable to the estate and become property of the estate, what happens to those proceeds depends on several factors. Property of an estate generally must be used to pay expenses of administration and debts of the decedent. After obligations of the estate are satisfied, distributions are to be made in accordance with the provisions of the will if there is a will which has been admitted to probate, or if there is no will, to the heirs. Georgia law specifies the persons who are the heirs. A surviving spouse and/or minor children may have the right to file a petition for year's support. I recommend that you seek advice from a probate attorney. This response is intended to provide general information only and not legal advice. It does not establish an attorney client relationship.
A: First, I don't know who "we" is when you say "We have an $80,000..." If the estate is due the money, it will be distributed in accordance with the will. If there is no will, it will go 1/3 to the spouse and 1/3 to each child. The siblings get nothing.
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