If my ex-husband died with no Will and no assets, how can his children find out if he had life insurance?

UPDATED: Feb 4, 2015

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If my ex-husband died with no Will and no assets, how can his children find out if he had life insurance?

Do they need to go through probate court? They are only in town for a short time.

Asked on February 4, 2015 under Estate Planning, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Insurance payouts typically pass�outside of the probate estate. This means that the probate court will have no knowledge of any life insurance policies that your ex-husband had. What your children can do, (assuming that they have not already done so), is to go through their father's legal papers; possibly he had a safety deposit boxs. If they find no policies, then they can look through his banking records to see if he was paying any premium payments to an insurance company. If that doesn't work, possibly they could check with any professional that their father would have consulted with (e.g. lawyers, accountants, etc.); possibly they can be of assistance. Finally, they ask ask other family members or friends, if their father ever mentioned having an life insurance policy and with whom he had it.

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