Can I claim my grandfather’s estate ah his heir

UPDATED: Oct 1, 2022

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Can I claim my grandfather’s estate ah his heir

my grandfather passed away several years ago and left an unclaimed life insurance
policy. I believe that my father his son some of my aunts and uncles are
still alive, however I have not had contact with anyone on that side of my family
since I was a child and do not know how to contact them. In this case, am I able
to claim the life insurance policy as his heir?

Asked on March 25, 2018 under Estate Planning, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A life insurance policy goes to whomever the named beneficiary is: if that person is alive, only he or she has the right to receive the monies due under the policy. If the named beneficiary predeceased (died before the policy is paid) or there was no specifically named beneficiary, the policy's benefits go to the deceased's estate. If they go to the estate, they will go to whomever the will--if there was a will--leaves the estate to. If there was no will, it will pass by intestate succession (the rules for who gets what when there is no will), which would be his children (your father; your aunts and uncles) before you. The only way you would have a claim on the policy's proceeds is if either 1) you were the named beneficiary; or 2) it went to the estate and there was a will leaving the estate (or at least some portion or percent thereof) to you.

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.

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