Who has claim to an insurance policy of an estate?

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Who has claim to an insurance policy of an estate?

My grangmother died 15 years ago and in a search I found a policy that is unclaimed. Several days before she died she married suspiciously. She has 2 daughters, and 2 granddauthers of her late son. How do the heirs go about collecting on the claim and does the husband have any right on the insurance claim?

Asked on June 19, 2012 under Estate Planning, Virginia

Answers:

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

Answered 9 years ago | Contributor

Generally speaking, insurance policies are said to pass "outside the estate" in that a person can name a direct beneficiary on the estate.  If there is no one named then it will pass in to the Estate and be divided in accordance with a persons Will or the intestacy statutes if there is no Will. So he could indeed inherit but it depends on what happened 15 years ago.  Seek legal help.  Good luck.


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