Q: Dad passes his life insurance company is writing the check to his wife that he hasn't lived with for over 15 years.
Dad passes his life insurance company is writing the check to his wife that he hasn't lived with for over 15 years i have lived with him my whole life. Will they do the same with his 401k pension plan and all of his investments since he has no will or beneficiaries. I am not her biological child but i am his biological and i just want to be protected.
A: For life insurance policies, 401k accounts, IRA, and some investment accounts, your father would have been asked to provide a beneficiary on the paperwork he filled out to open them. Whoever he listed as a beneficiary is who will receive those funds.
In Virginia, if a person dies without a Will, all other property passes as follows:
1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends and passes to the decedent's children and their descendants, and one-third of the estate descends and passes to the surviving spouse.
2. If there is no surviving spouse, then the estate descends and passes to the decedent's children and their descendants.
3. If there is none of the foregoing, then to the decedent's parents, or to the surviving parent.
4. If there is none of the foregoing, then to the decedent's brothers and sisters, and their descendants.
5. If there is none of the foregoing, then one-half of the estate descends and passes to the paternal kindred and one-half descends and passes to the maternal kindred of the decedent in the following course:
a. To the decedent's grandparents, or to the surviving grandparent.
b. If there is none of the foregoing, then to the decedent's uncles and aunts, and their descendants.
c. If there is none of the foregoing, then to the decedent's great-grandparents.
d. If there is none of the foregoing, then to the brothers and sisters of the decedent's grandparents, and their descendants.
e. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors.
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