Q: Grandfather died on October 6. My mother who is one of 4 Children of his died October 15.
Far as I know he had no will. Life insurance policy had no beneficiary and bank accounts totaling 90,000 plus are currently frozen. Is my mother legally owed any of the money. Also there's another policy that has not been claimed. What happens if my mother is named a beneficiary?
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A: When there is no beneficiary named, the account will be paid to the decedent’s estate. If there is no Will, someone must apply to the Surrogate’s Court for Letters of Administration. The priority of who may apply is 1) Spouse, 2) Children, 3) Parents, 4) Siblings. The grating of Letters of Administration effectively creates the estate. If your mother was a child of the decedent, she is entitled to a share. If she is named as a beneficiary of a life insurance policy, she is entitled to it and would have to show a death certificate to the company to prove the death.
Jack Mevorach agrees with this answer
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A: As a follow up, you as your mother’s living heir would be entitled to a portion of the estate. As for the life insurance, it would depend upon how your mother was named as a beneficiary.
Jack Mevorach agrees with this answer
A: I agree with the prior answer. However, you should apply to be administrator so you can control these issues. You (and your siblings if you have any) will inherit your mother's share whatever that may be.
Jack Mevorach agrees with this answer
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