Legal Question in Wills and Trusts in New Jersey

My Aunt passed away in NJ and has no will. I am her niece as well as another sister and brother that is her nephew by blood that are living. She died in a nursing home and has no assets except life insurance policies. How do we prove to the life insurance companies that we are the beneficiaries of these policies?


Asked on 2/20/11, 4:09 pm

2 Answers from Attorneys

Anthony Bufano Law Office of Anthony P. Bufano, Esq.

The life insurance policies should list the designated beneficiaries. If the beneficiaries have predeceased or the deceased was listed as the beneficiary the proceeds of the insurance policy will revert to her estate. Therefore her estate would need to be administered.

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Answered on 2/20/11, 5:55 pm
Bernard J. Berkowitz Berkowitz & Raiken

If the insurance policies do not name a living beneficiary, the money goes into the estate. Then the estate must be probated/administered. One of the closest next of kin would have to go the the Surrogate Court in the county where your aunt lived with a death certificate to qualify. If you have questions, please call our office.

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Answered on 2/22/11, 8:41 am


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