Legal Question in Wills and Trusts in Georgia

I recently got reacquainted with my family after some time in the interim my father passed. All his offspring it appears were given a sum from the insurance settlement. My brother insists that I was due money as a benefactor despite it being some 10 years ago. If so, how would I go about seeing if this were so?


Asked on 7/27/10, 12:50 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If there was paperwork, surely he has a copy he can give you, or at least can tell you the lawyer's name. Ask him.

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Answered on 7/27/10, 5:15 pm

First, the only parties who are entitled to life insurance proceeds are the beneficiaries named on the form. These assets do not pass through a will (unless the will directed the proceeds to be paid to the estate).

It may be that if the insurance company could not locate you, that they paid the money over to the state agency tasked with that. You can search the Georgia Department of Revenue at https://etax.dor.ga.gov/ptd/ucp/index.aspx and see. If your father did not live in Georgia, then search at http://www.unclaimed.org/ for the state where you need to look.

You might also want to check the estate file for the probate of your father's estate. The court has the records, although they might be on microfilm. Go to the probate court located in the county/state of your father's last place of residence at the time of his death. Check the estate file - it will at least give you the name of an attorney, if any, and the name of the personal representative so that you could contact him or her.

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Answered on 7/28/10, 11:29 am


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