Intended Beneficary

[wd_sundown]

Missouri

My brother died suddenly. He had not signed his beneficiary designation form at work. I am the executor of his estate. I realize since he did not have children or a wife it will go to the estate and I suppose to split it with my mother and siblings after paying his creditors. However my mother walked out when he was three and didn't even make time to come when he was dying. So I am looking for any case law that recognizes the intended beneficiary. All other bank accounts, policies and previous employers designations was left to me. I would of been the intended beneficiary if he had turned in the form. He is buried in Tennessee and I paid for his funeral. So I think that is proven. If there is no case law is there a way to override the probate laws of Missouri?

Thanks

 

[FlyingRon]

Probably not, but the funeral should have been paid out of the estate assets (which obviously includes the insurance payment).

 

[tranquility]

Nope. And, for you to be looking may be a breach of your fiduciary duty to mother. Be very careful and be sure you don't push things too far.

 

[wd_sundown]

Thank you

Thank you for the reply. I will full fill my obligations as his executor. I will find it hard to write to check to a woman who disappeared from our lives and never looked back. Seems there should be something in the law to disqualify a heir, but don't want to breach fiduciary duties. Was just looking for a way to save a big long drawn out battle. If I had my way the whole thing would be put in a educational trust and used to better our family, but since I don't I will do what the law states.

Thanks.