Who get the life insurance proceeds if no beneficiary is named and there is no Will?

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Who get the life insurance proceeds if no beneficiary is named and there is no Will?

My boyfriend of 4 years suddenly passed away We lived together and shared a household and split all the bills. He had a $25,000 life insurance policy through his work and no beneficiary was named and he had no Will. The day after the funeral, his father who he has not talked to in a year made him self the administrator of his estate. After the funeral expenses and any creditors are paid who get the remaining amount of the money? His dad and sister are keeping me out of everything and I feel like I should be entitled to some funds since we were living together and shared all bills.

Asked on February 20, 2017 under Estate Planning, Kentucky

Answers:

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

Answered 4 years ago | Contributor

In the event that no beneficary is named in a life insurance policy, then the proceeds are paid to the estate of the deceased. When someone dies "intestate" (i.e. without a Will), then state law provides that the heirs of the deceased are entitled to all assets that remain after debts of the estate are paid. Unfortunately, unless you were married, you have no claim to your boyfriend's estate as you have no legal standing; merely living with him does not qualify you as a legal heir. In a situation where there is no surviving spouse or children, the heirs to inherit are the parents of the deceased.


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