Legal Question in Wills and Trusts in Maryland

My oldest brother died on 12/22/15 leaving his life insurance to a younger borther who died yesterday. Who handeles the estate their are 8 brothers and sister left and my younger brother has three children who are all grown


Asked on 1/06/16, 1:09 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

I am sorry to hear of the passing of two siblings in such close proximity.

The answer depends on the life insurance contract survivorship terms. Without any language saying the person needs to survive by so many days, property will usually pass to the beneficiary, and if they are not alive to the beneficiary's estate. Oftentimes wills and such require that someone survive by at least 30 days to inherit. Life insurance is based on contract and the terms should say whether there is a survivorship requirement.

If the insurance goes into an estate, then the person named in the Will as Personal Representative has priority to handle the estate. If there is no will then any interested person (for instance a sibling) can petition to be appointed as Personal Representative.

Again what needs to happen will likely vary depending on the survivorship provisions. This may involve an estate for the insured only OR it may also involve the estate of the beneficiary as well.

You are encouraged to seek legal counsel from an attorney who can review the documents and help determine which estates need to be opened. While I hope the general legal information in this post helps it is not designed to take the place of specific legal advice.

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Answered on 1/06/16, 2:32 pm


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