What to do if my mother past away and had a life insurance policy but my older brother is trying to take all the money?

There is a Will as to what mom wanted but it was never signed. My brother didn’t even have a service for my mother. There 5 siblings, 4 of us want the insurance company not to disburse the funds but we don’t know what can we do? Time is of the essence.

Asked on June 17, 2014 under Estate Planning, Arizona


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss. I am assuming that the life insurance policy had a designated beneficiary form filed with the company naming your brother only, correct? Generally speaking, that would govern the distribution.  And the Will is not valid as a Will but could be evidence of intent of the decedent.  However, the intestacy laws will apply nonetheless. Now, what you can do is write to the insurance company (CMRRR) and tell them that there is a challenge to the beneficiary designation and that you are demanding that the INTERPLEAD the funds in to court.  Then seek legal help in your area. Good luck.

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