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

Answers:

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.


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