estranged father died

[zinkemom]

What is the name of your state (only U.S. law)? Michigan

My husbands father recently passed away. They haven't had contact since his parents got divorced 18 years ago.

There were two life insurance policies that we have been made aware of since his death. On the first one his mom, the ex-wife, was named primary beneficiary. There is a second policy that named my husband and his brother as beneficiaries.

We recently received word on the first policy that his mom was a beneficiary on that she has been denied due to Michigan law. I haven't seen the paperwork yet but supposedly there is a very crooked uncle that is filing as heir of the estate.

The father had 18 years to change the beneficiary on these policies and he didn't. I like to think that it was his last ditch effort to take care of his family after a somewhat messy divorce. What do you think the chances are that they will be paid out to the primary beneficiaries listed? None of us can afford lawyers to help but I have the internet and lots of time on my hands to try it myself.

[anteater]

If your husband and his brother are the primary beneficiaries on the second policy, they should be filing a claim with the insurance company.

If the ex-wife cannot claim the benefit due to the divorce and there were no contingent beneficiaries, then the benefit will almost certainly be paid to the father's probate estate. If father has a will, the probate estate will be distributed according to the provisions of the will. If not, it will be distributed according to the provisions of MI's intestate succession statutes.

I haven't seen the paperwork yet but supposedly there is a very crooked uncle that is filing as heir of the estate.

What does "filing as an heir" mean? Filing with whom? Do you mean that the uncle is filing to open probate and be appointed as the personal representative of the estate? If that is the case and there is no will nominating a personal representative, your husband and/or his brother could file to open probate and be appointed. They would likely be given preference by the court for the appointment.

Unless the father had a will naming the uncle as beneficiary, the uncle does not stand to inherit. With no will, and presumably no surviving spouse, the father's children would stand to inherit under MI's intestate succession statutes.

[zinkemom]

Originally Posted by anteater

If your husband and his brother are the primary beneficiaries on the second policy, they should be filing a claim with the insurance company. We have filed and haven't heard back on the second policy yet.

If the ex-wife cannot claim the benefit due to the divorce and there were no contingent beneficiaries, then the benefit will almost certainly be paid to the father's probate estate. If father has a will, the probate estate will be distributed according to the provisions of the will. If not, it will be distributed according to the provisions of MI's intestate succession statutes.
Can I go to the courthouse and get a copy of the will if there is one? No one has mentioned one to us.

What does "filing as an heir" mean? Filing with whom? Do you mean that the uncle is filing to open probate and be appointed as the personal representative of the estate? If that is the case and there is no will nominating a personal representative, your husband and/or his brother could file to open probate and be appointed. They would likely be given preference by the court for the appointment. I hope to see the paperwork this week when MIL brings it over so I can read it myself.

Unless the father had a will naming the uncle as beneficiary, the uncle does not stand to inherit. With no will, and presumably no surviving spouse, the father's children would stand to inherit under MI's intestate succession statutes.

Neither the boys or the MIL (ex-wife) have had any contact with the father in 18 years. We were contacted by the courts when he was admitted into the nursing home to see if anyone wanted guardianship. Both boys declined and the court appointed someone. Dad died a few months later and it was after his funeral that the funeral home passed paperwork on about the insurance policies.

We still don't know the value of MIL's policy but we do know the one for the boys is only $5,000. I spoke with the funeral home director and he said the uncle found that policy and 'wanted to do the right thing with it.' It is only speculation but we are assuming that the uncle figured $5,000 isn't enough to fight over. MIL's policy on the other hand has been in effect since 1963 and could very well be worth much more and that is why the uncle is trying to get his hands on it. The father had no expenses to speak of and made a comfortable living but died with only $10,000 to his name. By the sounds of it the uncle had been slowly nickle and dimeing the father.

And it isn't that we just want the money. We would like to set up some sort of accounts for the four grandchildren.

[penelope10]

Originally Posted by zinkemom

Neither the boys or the MIL (ex-wife) have had any contact with the father in 18 years. We were contacted by the courts when he was admitted into the nursing home to see if anyone wanted guardianship. Both boys declined and the court appointed someone. Dad died a few months later and it was after his funeral that the funeral home passed paperwork on about the insurance policies.

We still don't know the value of MIL's policy but we do know the one for the boys is only $5,000. I spoke with the funeral home director and he said the uncle found that policy and 'wanted to do the right thing with it.' It is only speculation but we are assuming that the uncle figured $5,000 isn't enough to fight over. MIL's policy on the other hand has been in effect since 1963 and could very well be worth much more and that is why the uncle is trying to get his hands on it. The father had no expenses to speak of and made a comfortable living but died with only $10,000 to his name. By the sounds of it the uncle had been slowly nickle and dimeing the father.

And it isn't that we just want the money. We would like to set up some sort of accounts for the four grandchildren.

Just as a question, who exactly paid for this man's funeral? Even with the cheapest of funerals such as cremation and the use of the funeral home the cost could be at least $5,000. And there is a good possibility that no one screwed him out of any money. Your husband and his sibling chose not to be involved. You don't even know who the court appointed as guardian. This appointed guardian over saw his care which would have included paying for any balance owed to the nursing home he stayed in once he passed.

Do you have any idea how much the expense is of a nursing home is these days? Most of his funds may have been used for his care as it should have been. And he may have had other debts as well that you know nothing about.

Any funds left after the estate has been settled should go to your spouse and his sibling provided that there is no will that states otherwise. It very well may end up that there is NO money left in the estate once it is all said and done.

[ecmst12]

Life insurance proceeds belong solely to the beneficiary and can NOT be applied to the deceased person's debts unless the beneficiary CHOOSES to do so.

[zinkemom]

Originally Posted by penelope10

Just as a question, who exactly paid for this man's funeral? Even with the cheapest of funerals such as cremation and the use of the funeral home the cost could be at least $5,000. And there is a good possibility that no one screwed him out of any money. Your husband and his sibling chose not to be involved. You don't even know who the court appointed as guardian. This appointed guardian over saw his care which would have included paying for any balance owed to the nursing home he stayed in once he passed.

Do you have any idea how much the expense is of a nursing home is these days? Most of his funds may have been used for his care as it should have been. And he may have had other debts as well that you know nothing about.

Any funds left after the estate has been settled should go to your spouse and his sibling provided that there is no will that states otherwise. It very well may end up that there is NO money left in the estate once it is all said and done.

There was a court appointed guardian and we received paperwork from the court listing all his expenses and income. He had around $11K in his accounts at the time of his death. That paid his last months of rent/utilities, the final nursing home expenses, and the guardians fees. The funeral and cremation expenses were prepaid. But based on his monthly income and expenses there *should* have been more there. We have no doubt there is no money left in his estate.

DH spoke with the MIL again yesterday. She showed the paperwork to the BIL. This newest batch of paperwork from the insurance company that said MIL was denied also said it included forms for the sons to fill out along with an enclosed envelope. They were not included so MIL is calling them today to see what is up with that.

[zinkemom]

BIL received the paperwork from MIL's insurance policy today.

I would like to thank everyone for their input. I was able to google a bunch of legal terms and now I feel like I have a much better grasp on what is going to happen.

Thanks

[zinkemom]

Originally Posted by anteater

If the ex-wife cannot claim the benefit due to the divorce and there were no contingent beneficiaries, then the benefit will almost certainly be paid to the father's probate estate. If father has a will, the probate estate will be distributed according to the provisions of the will. If not, it will be distributed according to the provisions of MI's intestate succession statutes.


What does "filing as an heir" mean? Filing with whom? Do you mean that the uncle is filing to open probate and be appointed as the personal representative of the estate? If that is the case and there is no will nominating a personal representative, your husband and/or his brother could file to open probate and be appointed. They would likely be given preference by the court for the appointment.

Unless the father had a will naming the uncle as beneficiary, the uncle does not stand to inherit. With no will, and presumably no surviving spouse, the father's children would stand to inherit under MI's intestate succession statutes.

I finally saw the denial letter from the ex-wife's policy. The uncle is filing as executor or representative of the estate. I'm making phone calls Monday morning to see about getting one of the sons appointed instead.

If he had a will we would have been notified, correct?