San Francisco, CA asked in Estate Planning for Washington

Q: Can I dispute life insurance claim by deceased fiance's estranged family. We lived together for 2 years when she passed.

My fiancé passed suddenly in October. She was estranged from her family and there was a history of abuse by mom. They had not seen in other in over 2 years. There was, apparently, a life insurance policy through her employer. Now, her mom is claiming it since she is next of kin and no named beneficiary. I'm not even certain my fiancé was aware of this policy. Can I dispute that? My fiancé would in no way have intended for her mom to get this benefit.

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: You are in a very weak position, unfortunately. If the policy did not name a death beneficiary, then most likely it is payable to your fiance's estate. If he had a will naming you, great. You can open a probate and claim the life insurance proceeds.

However, if he did not have a will then it goes to next of kin, which would be his parent(s) if he has no surviving spouse and no descendants.

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