Legal Question in Wills and Trusts in Massachusetts

: insurance beneficiary

If there is no beneficiary, and there is no designation, then the proceeds usually become part of the person's estate. This is distributed according to the terms of the will, if he had one.

Should you have any questions, or need assistance, contact me.

Re: insurance benificierie

There is a very good possibility that your ex-husband did name a beneficiary or beneficiaries (or contingent beneficiaries) at one point. The person appointed executor or administrator of your ex-husband's estate has the authority to request beneficiary information directly from the insurer, if they have no already done so.

If no beneficiaries were named, then the life insurance benefit would default to your husband's estate.

How the funds are to be distributed at that point (i.e., to your son or to ex-husband's mother) depends on whether your husband left a valid will and what it provides.

Who currently has custody of your son? You? Your ex-husband's mother?

Please feel free to contact me with more information if you have any further questions.

Re: insurance benificierie

Life insurance is a contract, and the proceeds will be paid out in accordance with the terms of the contract. If there are beneficiaries, it will be paid out in accordance with the beneficiary provisions (and if any beneficiary is a minor, the insurance company may require that a guardian of a minor be appointed by a court before it releases the proceeds). Otherwise, if there are no surviving beneficiaries, it typically defaults to the decedent's estate, and will be disposed of according to will, if there was a will, or according to the laws of intestacy if there was no will. There are a couple more twists which might apply, but specific facts have not been stated which would indicate that the twists would apply here.

If it is passing according to intestacy, a surviving spouse and surviving child would have first claim, with other relatives only receiving property if no surviving child or spouse exists. (The child should be the child of the decedent, or adopted by the decedent.)