Who is the beneficiary legally?

[soulslayer]

What is the name of your state? VA

My father passed away in January of this year. Despite his being remarried in October 2004, he didn't list his new wife as beneficiary of anything (insurance, etc) and I'm named as the executrix of his estate in the will.

Who would be the beneficiary of his social security and veterans pension (if any) based on these circumstances? I assume it would be the wife, but I want to make sure.

Thanks

 

[Dandy Don]

You will need to contact the source company that is holding each benefit lly (the Social Security Administration local office, and the company that is holding the veterans pension) to find out whether or not he designated an individual beneficiary to receive this money or not. If he didn't, then the money will go into his estate.

You also need to be consulting with a local probate attorney to find out what share of the estate the new wife is legally entitled to. Did he intentionally and deliberately leave the new wife out of the will or was it an innocent mistake in which he forgot to update the will? Did he name more than one relative/family member as a beneficiary in the will?

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

What is the name of your state? VA

My father passed away in January of this year. Despite his being remarried in October 2004, he didn't list his new wife as beneficiary of anything (insurance, etc) and I'm named as the executrix of his estate in the will.

Who would be the beneficiary of his social security and veterans pension (if any) based on these circumstances? I assume it would be the wife, but I want to make sure.

Thanks

A disinherited spouse (i.e., your stepmom) can take an elective share in Virginia:

http://www.virginiaestatelaw.com/main/chapters/spousal/electiveshare.shtml

This has to be stuff that would pass through probate. Insurance payments usually do not go through probate.

Ask VA and SS those other questions.