Q: G-parents died in 1976 with no wills, no probate was done. OR has unclaimed money (life ins policy). How can I claim?
Grandmother died 9/4/76, Grandfather died 9/20/76, 1 surviving son, whereabouts unknown, 1 deceased son, 1 granddaughter (me), 1 grandson, whereabouts unknown. Grandmother was beneficiary on life insurance policy, no secondary listed. No claim has been filed by creditor's for the unclaimed money, no additional assets/property, value $6500.
A: You are going to need to talk to an Attorney. Usually if life insurance premiums don't get paid the life insurance gets canceled. If there is still a viable policy to collect the beneficiary would be determined as the date of your grandparent's death so people that were alive then may have the claim or if they have since died the claim accrues to their estate. Long story short, there is a lot to figure out and possibilities that the money doesn't end up going to you must be considered.
A: Assuming the funds are held by Oregon Department of State Lands, you will need to determine whether either or both of your grandparents had wills. If so, one or both of their estates may need to be probated, depending on the terms of the wills. If you are the daughter of their surviving son, you don't get anything unless the will provides for it.
If there are no wills, and if you qualify as an heir, you could file a small estate affidavit and the money would be divided according to intestate succession.
A: If no contingent beneficiary was named then the money will be paid out based on the language of the life insurance contract (likely either to your Grandfather's estate or to his children). If the contract said to his estate then your Grandfather's Will controls who receives the asset after a Small Estate Affidavit is filed. If the contract says to his heirs (in this case his children since his wife predeceased) then his children are the only ones who have the ability to claim the insurance proceeds.
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