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Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
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  #1  
Old 04-15-2002, 12:36 PM
Sevla5
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Question

Life Insurance Policy


The state is California

Grampa passed away about 5 months ago, leaving all to his grandkids. It was recently discovered there exists a life insurance policy that would have gone to his wife, but she died. Next in line would be my father, who has been estranged from grampa for 40 years. The question is, should this be contested? We can't even find out the amount....
thanks
  #2  
Old 04-15-2002, 07:21 PM
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Join Date: Dec 1999
Location: Several States
Posts: 4,500
If grandfather died, and the only beneficiary for his insurance predeceased him, and if there were no "contingent beneficiaries" named, then the proceeds would be payable to his estate.

If he had a Will and named his grandkids as beneficiary of his estate, they they'd get the proceeds, just as they got the rest of the estate. If he had no Will, then his heirs at law would take -- in this case his child(ren) and the children of any pre-deceased children.

If he did not want his son to inherit, all he needed to do was have a Will and/or appropriate insurance beneficiary designations. There is no basis to "contest" who gets the money on the basis of his estrangement.
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  #3  
Old 04-17-2002, 11:05 AM
Sevla5
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Thanks for your response.

Our lawyer here is saying that we would not win if we were to contest this. I thought that was odd since the will was written in '99, and the policy was written in '62. Think the lawyer is wrong?
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