If a minor is not included in his/her deceased parent’s Will, do they get any piece of that parent’s life insurance money?

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If a minor is not included in his/her deceased parent’s Will, do they get any piece of that parent’s life insurance money?

My father passed leaving me (the minor) behind and my five older brothers who are over 18. His surviving spouse was not our mother and wants to take all of his life insurance money, though they’ve only been married for 2 years.

Asked on April 30, 2012 under Estate Planning, Wisconsin

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  There are a few issues going on here but really they need to be sorted out with an attorney.  First, unless you were specifically disinherited you may have the ability to contest the Will.  You have "standing" which is the first rght to contest.  Next, if the life insurance does not name a beneficiary it is part of the whole estate.  How that is dealt with in the Will matters.  Please have your brother or some other adult you trust seek legal help on your behalf.  Good luck.


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