If my mother died an her life insurance policy lists her “child” as her beneficiary andnot my name specifically, is this going to be a problem?

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If my mother died an her life insurance policy lists her “child” as her beneficiary andnot my name specifically, is this going to be a problem?

I was never officially adopted by my mom.

Asked on March 9, 2011 under Insurance Law, Minnesota

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  I strongly suggest that you seek help from an attorney in your area as soon as you possibly can.  Although I am sure that your Mother was your Mother for all intensive purposes, legally you are not her "child" and that will unfortunately cause a problem for you here and in the estate in general.  Did she leave a Will?  I certainly hope so and that you are named in it.  If she did not then what ever the proceeds of her estate will be distributed on the basis of the intestacy statutes n your state and you will not be able to collect under that statute as you are not technically - legally - a relative.   I am so sorry to tell you all of this at such a delicate time.  Please get some legal advice in your area.  Good luck. 


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