My father recently died and has 3 sons. He listed on son on the life insurance policy. Do we have any rights to get a share of the money?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

My father recently died and has 3 sons. He listed on son on the life insurance policy. Do we have any rights to get a share of the money?

The policy was issued in Georgia but we live in Florida. Under Florida law if there is no will just was told verbally do we have any rights to a share of the policy my father left. We are his sons also. He wanted to make sure he was cremated so he left it in the sons hands but only listed one name.

Asked on June 23, 2009 under Estate Planning, North Carolina

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

A life insurance policy may list one or more beneficiaries.  If your brother was the only beneficiary listed, your brother is the only one entitled to the proceeds.  If you are skeptical and believe your brother may not be telling you the truth, find out the name of the insurance company and make a claim against the policy yourself.  Let the insurance company deny your claim if you are not a beneficiary, and that way you'll know for sure.  If there is no will, there will likely be a probate filed with the court.  Life insurance proceeds do not go through probate unless the estate is listed as a beneficiary. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption