Legal Question in Wills and Trusts in Minnesota
Estate/beneficiary of life insurance
My fiance passed away in Jan of this year. He had life insurance thru Aflec and the beneficiary is his estate. Would his parents or siblings have a claim to this prior to myself? Also, what steps need to occur in order to access the funds?
1 Answer from Attorneys
Re: Estate/beneficiary of life insurance
If the beneficiary is his estate, then someone has to be appointed by the probate court to administer the estate. The family needs a lawyer to do a petition to get someone appointed.
When things go to the estate they are controlled by the will if there is one. If he had no will, then his entire estate will go to blood relatives and not you - unless you have some sort of claim against the estate.
I once represented a daughter-in-law in connection with a claim against the mother-in-law's estate for services rendered in caring for her in the year prior to her death. Perhaps you would have something like that. You should either find the will or find a good lawyer.
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