Brooklyn, NY asked in Estate Planning and Probate for New York

Q: Grandfather died. My mother who was his listed as the beneficiary died 9 days after him? He had no will. What happens?

He has 3 other children who are full siblings to my mother. This is in Brooklyn NY, NYC.

Uncle says life insurance payout is on hold because they need my mother's death certificate.

Uncles not forthcoming with information and seem to be trying to get death certificate without me knowing.

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2 Lawyer Answers

A: Listed as beneficiary where? For grandfather, if no will, estate passes by intestacy. Did you Mother have a will?

Jack

Jason  Turchin
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Answered

A: Sorry to hear about your loss. Generally the first beneficiary would be entitled to the proceeds. Since she died after, it is possible that her estate can make the claim. See if she had a Will. If so, that may dictate what happens to the distribution of the benefits and who would be the personal representative. If she had no Will, you can look to the intestacy law in the state where she died. There may be other factors though which can change who may be entitled to the benefits, like if the policy was an ERISA or government benefit policy, for example. An attorney can review it all to see what the options might be.

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