Legal Question in Wills and Trusts in Michigan
Life Insurance Policy Question
My uncle passed away about 8 weeks ago, and left instructions for his estate to be split evenly between four heirs. However, he had a life insurance policy taken out specifically with me as the beneficiary and did not do the same for the other three heirs. I have not received any payment against the poicy at this time and know few details other than it exists and that apparently a check is on its way to me.
The Executor of the estate (the father of two other estate heirs) is saying that there was an intent by my uncle days before his death to change the policy in question over to be an equal distribution between all heirs. I've been told that other heirs may try to take the matter to court.
Is this a matter that can be taken into court? Should other avenues outside of a courtroom setting be explored to address this?
1 Answer from Attorneys
Re: Life Insurance Policy Question
Life insurance is not an asset that goes through the probate court - it is distributed strictly acording to the beneficiary designation clauses. The other heirs would likely lose in court and it would be a waste for them to file suit over this, based on those facts. If he did not change the beneficiary designation, you are the only one entitled to those funds.
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