What are my rights if my deceased dad took out a life insurance policy for my brother and I but my aunt took the money?

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What are my rights if my deceased dad took out a life insurance policy for my brother and I but my aunt took the money?

My dad told my brother and I that he had a policy in case he passed away, so that we could be taken care of. My aunt was in his home when he passed and barred us from the house. What can we do? She even moved out of the country.

Asked on April 13, 2012 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for the situation. There is a question here as to who the beneficiary on the policy was and wht part your aunt played in all of this.  Was she the executor or personal representative of his  estate?  It sounds a sif there was an estate opened here considering there was a house, etc.  You need to go down to the probate court in the county in which your father resided at the time of his death and look at the file.  It is a public record.  Once you have it you will be able to see what exactly happened and then get legal help.  Her moving out of the country is an obstacle here no doubt.  But start at the court and see where the trail leads.  Good luck. 


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