Legal Question in Wills and Trusts in Texas

life insurance

do i need a lawyer to collect on a life insurance policy on my father when the benificary on the policy was my mother, who passed away before my father did? i have 6 brothers & sisters that have no problem with this. or, can i file the ''forms'' myself? thanx.

Asked on 12/28/04, 12:30 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: life insurance

You might need a lawyer to assist if the policy didn't name the children as the alternate beneficiary. The proceeds would go to your mother's estate, and then eventually 'sprinkled' out to the children, so your mother's estate may need to be probated if it hasn't already been in probate.

Since your mother died before your father, the exact order of distribution starts to get complicated. A lawyer can sort it all out for you, and assist with the needed papers. It may require probating your father's estate as well.

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Answered on 12/28/04, 12:56 pm


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