Q: Father passed and life insurance beneficiary died prior.
My dad had my mother listed as his beneficiary for life insurance. She passed away in 2008. I am the only child. I would like to avoid probate and if possible be granted rights via right of heir to this policy. Is this possible and what would I need to do to achieve it? If not would a small estate affidavit work ? My father died in AZ without any will. I live in Montana. He owned a truck fully paid off, small amount of household items ( he lived in fifth wheel.) He sold his pull camper and I have the title since it is still not fully paid off by new buyer. He is owed 700 hundred for it. His bank account had me as beneficiary which he held here in Montana and I received upon showing death certificate. The truck is also titled here in Montana. He was on disability and received a retirement pension. I also have the original life insurance policy.
A: Since the policy beneficiary predeceased your father, in order to collect the policy benefits you will need to either probate your father's estate or use a small estate affidavit if the estate is small enough (less than $75,000.00) to make the affidavit procedure applicable. See ARS 14-3971
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.