Legal Question in Wills and Trusts in Pennsylvania

My father passed in dec. His wife left him 3 years ago.dont know if she is dead or alive Im his son who is the executor of his estate...life policy named his wife as beneficiary who gets the policy


Asked on 3/14/12, 5:00 am

1 Answer from Attorneys

Wife does. If the wife left 3 years ago, then your father should have changed the beneficiary. He did not do so and its up to the wife, wherever she is, to file a claim. If she is dead and there is a contigent beneficiary, then the contigent beneficiary can file a claim. That person would have to prove that the wife is dead. This can be done by hiring missing heir services - people can be found these days. If the wife is dead, there is going to be a death certificate.

If the wife is dead and there is no contingent beneficiary then you, as the executor, can claim the benefits and they will be paid to the estate. Again, you would have to prove that the wife is dead in order to do this. The insurance company will probably allow to see the beneficiary form so I would request it.

You are probably going to need the services of a probate attorney. If you don't have one, get one and at least get a consult with that attorney as to the estate administration laws. The estate needs probated in the county/state where your father resided at the time of his death. You are welcome to get a second opinion from the probate attorney - without reviewing the documents it is difficult to answer, but the attorney may or may not have an a different opinion after they have reviewed the relevant documentation.

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Answered on 3/14/12, 10:22 am


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