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?

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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 12 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. 


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