Pinckney, MI asked in Estate Planning and Probate for Michigan

Q: Probate and Life Insurance

My mother in law had a 50K life insurance police she passed in November and my father-in-law was the beneficiary. He died 43 days later before the policy paid out (check just came) does the money go into probate or go to the children?

Related Topics:
2 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: The money belongs to your father in law's estate. How the money goes from there depends on whether he had a will or other estate planning done, or if he died intestate. For further information, consult with a probate attorney in your area.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: If he had died BEFORE the claim was made, the money would likely have passed to the contingent beneficiaries (if any) but since the claim was made and a check issued, that check belongs to his estate, and needs to be handled as described by Mr Harris.

It may well make sense to consult with a local probate attorney to go over the rest of the case details. There may be issues you're not considering that will make a difference, but without seeing all the facts, it is hard to say for sure.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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.