I just found out about my mothers life insurance policy, and she’s been deceased for 16 years

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I just found out about my mothers life insurance policy, and she’s been deceased for 16 years

I have a question that I need a honest
answer to. I was just informed that my
mother had an unclaimed life insurance
policy. She only has 2 children, my
brother I. My father took the life
insurance policy out on my mother a
few months before her death. He died
in prison so that only leaves my brother
and I, which my brother in incarcerated
until 2031. I am going through the
process of claiming it, but does the
money have to be split between us?
Will they go ahead give me my half
save my brothers until he gets released
from prison or are they going to give it
all to me?
Thanks in advance.

Asked on November 12, 2016 under Insurance Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Being in prison has NO effect on his entitlement to the money; the only times a prisoner can't get life insurance proceeds is when he/she killed the insured, since he/she can't profit by the crime. He is entitled to his half of the money and could use it, for example, to pay for appeal or other legal help, if applicable, or to pay fines or restitution, if any, he owes.


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