My aunt died recently and we found out she left a life insurance for my mom, but my mom pre-deceased my aunt. How can we claim the insurance benefit?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 28, 2012

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Insurance Question from Peekskill, NY

Asked on 01/28/2012

My aunt died recently and we found out she left a life insurance for my mom, but my mom pre-deceased my aunt. How can we claim the insurance benefit? My aunt from New York passed away last Nov, 2011. She left a life insurance with my mom as the sole beneficiary. My mom died 4 years ago. When I called the insurance company they say it will go to the estate. What's the process of that? My aunt died intestate, does it mean the money will go to all of the distributee of the estate? So, will I and my brother be included in that? What can we do to facilitate the claim?

Answer given on February 02, 2012

It should go to your mother’s estate.  Did your mother have a will?  Did your mother have an executor of the will?  If so, have the executor contact the insurance company.  If not, you should probably have a lawyer look into this to advice you on the proper way for your to secure this money that would have gone to your mother.  To find a will and estate attorney in your area, click here.

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