Is my brother entitled to my mothers life insurance?

In 2010 my mother passed away. She named
me as sole beneficiary on her policy because
she didn’t want her ex husband to be able to
touch it,bbecause my brother was 14 at the
time, and he was taking custody of him for his
social security benefits. Anyways, my mother
did not have a will. We had an attorney come
to hospice so we could make sure the estate
was taken care of. She was of sound and mind
and have plenty of people that can testify to
that. But she basically put me in charge of the
life insurance benefits. My brothers attorney
contacted my uncle and my grandmother
yesterday, not sure as to why not me. But my
question is…if I was the sole beneficiary, and
there was no legal willwe did this is Kansas, I
moved does my brother have a case?

Asked on April 22, 2016 under Insurance Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

d on what you write, your brother would not have a case UNLESS it can be shown that your mother was not mentally competent when she designated you the sole beneficiary, or you in some way coerced or tricked her into doing, or you forged her signature on the policy, etc. Otherwise, even if there had been a will, if someone is named in the policy as the beneficiary, he or she gets the life insurance proceeds; when there is a designated beneficiary, the insurance goes to that person and does not become part of the estate or go to other heirs.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.