How do I claim my inheritance?

UPDATED: Oct 1, 2022

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How do I claim my inheritance?

My mother just past and the
wheel has not been read. She
left a life insurance policy
that is missing. She also left
a 40,000 pensions to be
dispersed to all living
children. I need to find out my
rights and how I can claim my
inheritance. Can you be up some

Asked on December 6, 2017 under Estate Planning, South Carolina


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

Answered 5 years ago | Contributor

I am so sorry for your loss.  If your Mother had a Will then the person named as the Proposed Executor has to have a Petition prepared to submit the Will to Probate.  You as an heir should get a copy. Once the Will is accepted in to Probate the Executor gathers all assets and pays all debts and then dispurses out the rest as per your Mother's direction in the Will. If the life insurance policies name a beneficiary of beneficiaries, they are not part of the estate.  They "pass outside the Will" directly to the parties named by the insurance company.  Good luck

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