If am the beneficiary of a dead person life insurance and a Will is signed but not notary what protection do I have against probate laws for his kid

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If am the beneficiary of a dead person life insurance and a Will is signed but not notary what protection do I have against probate laws for his kid

I have lived with a man for 23 years and he pasted 1/23/09. He have filed for a divorce several time once she agreed to a divorce if he paid child support he refused to pay child support stating the kids are not his kids. I have power of attorney and a Will signed but not notary I been his beneficiary on all his papers since 1987. My name was suppose to go on the deed, but the closing attorney forget and a Quick deed was signed but not processed. His wife lived with a marriage man until his death in 2005. After he became 100% disable Veteran she refused to be sever by the sheriff office.

Asked on June 17, 2009 under Estate Planning, Georgia

Answers:

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

Answered 11 years ago | Contributor

The Life insurance money is different from the other property you mention in your question.  Life insurance is said to pass "outside the will" meaning that it is not included in the estate of the decedent if a valid beneficiary is listed.  Whomever is listed on the beneficiary designation form is considered the person that the owner wanted to get the money.  You should be able to call the insurance company and have them send you the paperwork you need to fill out. 

As for the Power of Attorney, that is no longer good.  Once he passed on it became useless.  Georgia does not require that a Will be notarized, only signed before two witnesses and the two witnesses have to sign as well.   The deed can be a problem - but not necessarily just because it was not filed sooner - and I would contact the attorney who did the closing for help with that.  


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