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?
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
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
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