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Confusion...Estate or no Estate?

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floridamom

Junior Member
What is the name of your state? FL (claim is in Michigan)
Dad died June 2005, Mom died four days later. They were divorced in 1981. Mom remarried nine years ago. There are four children, all of whom have had complete agreement on everything, no problems with any of the mess that can come from this situation. Dad had Mom as sole beneficiary on life policy (since 1951!). Mom's new husband knows Dad would want us kids to receive the benefit. Mom had no will (that we are aware of), so insurance company says we have to create an estate for Mom, have new husband sign away his interest, and run the whole thing through probate court! To us, since we are ALL in agreement, it should be so simple! Is there a stipulation in life insurance policies (the insurance company won't give the kids any details, because we aren't the beneficiaries, wouldn't even tell us if the amount was worth the effort...although stepdad was told this info and passed it on to us) stating that the beneficiary has to survive the insured by a certain number of days? If that's the case, then the benefit would go to Dad's estate, which lists the four children as beneficiaries. We've been going around and around for months now. Can anyone help???!!! Can stepdad just send a certified letter saying he wants the kids to receive the benefit? Why do they make this so difficult, when losing both your parents within four days of each other is tough enough?What is the name of your state?
 


seniorjudge

Senior Member
floridamom said:
What is the name of your state? FL (claim is in Michigan)
Dad died June 2005, Mom died four days later. They were divorced in 1981. Mom remarried nine years ago. There are four children, all of whom have had complete agreement on everything, no problems with any of the mess that can come from this situation. Dad had Mom as sole beneficiary on life policy (since 1951!). Mom's new husband knows Dad would want us kids to receive the benefit. Mom had no will (that we are aware of), so insurance company says we have to create an estate for Mom, have new husband sign away his interest, and run the whole thing through probate court! To us, since we are ALL in agreement, it should be so simple! Is there a stipulation in life insurance policies (the insurance company won't give the kids any details, because we aren't the beneficiaries, wouldn't even tell us if the amount was worth the effort...although stepdad was told this info and passed it on to us) stating that the beneficiary has to survive the insured by a certain number of days? If that's the case, then the benefit would go to Dad's estate, which lists the four children as beneficiaries. We've been going around and around for months now. Can anyone help???!!! Can stepdad just send a certified letter saying he wants the kids to receive the benefit? Why do they make this so difficult, when losing both your parents within four days of each other is tough enough?What is the name of your state?


Mom's new husband knows Dad would want us kids to receive the benefit. Mom had no will (that we are aware of), so insurance company says we have to create an estate for Mom, have new husband sign away his interest, and run the whole thing through probate court!

That is correct.
 

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