As 1 of 2 surviving son, am I entitled to 1/2 of my mother’s life insurance proceeds?

UPDATED: Mar 11, 2014

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As 1 of 2 surviving son, am I entitled to 1/2 of my mother’s life insurance proceeds?

My brother claims my mom told him that I get nothing; we had a disagreement 2 days before she died. He said the night before she died she told him this. Yet I was the one who took her to appointment dialysis and even did her shopping and errands. He didn’t do anything like this. Am I entitled to half of her insurance policy and how do I make him give it to me if I am?

Asked on March 11, 2014 under Estate Planning, Kansas


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Whether or not you are entitled to 1/2 of the insurance proceeds does not depend upon anything your mother said the night before she died.  It only matters who was named as the beneficiaries in the policy.  It you were both named, then the insurance company should pay you each half.  You would collect from the insurance company, not your brother.  If the policy only named your brother, then he gets it all.

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