Do both parents and all siblings have to be listed as heirs on a small claims affidavit?

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Do both parents and all siblings have to be listed as heirs on a small claims affidavit?

My son passed away with no Will and had no beneficiary listed on life insurance policy. The insurance company says that I can submit a small

claims affidavit since he has no assets and policy is only 20k. Can I complete the affidavit in only my name or do I have to include whole family?

Asked on October 25, 2018 under Estate Planning, Mississippi

Answers:

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

Answered 2 years ago | Contributor

I am so, so sorry for your loss.  If he died without a Will or a beneficiary designated on the policy then he died "Intestate" and the intestacy statute in Mississippi will govern.  If he had no children or spouse then you as his parents will inherit everything.  So only you as his parents should be all that is needed on the affidavit.  The affidavit itself asks you to state his marital status and if he had any children at the time of his death.  It should establish through those questions that you are the only legal heirs.  Good luck.


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