Legal Question in Wills and Trusts in Connecticut
Distribution of assests from estate involving second wife and adult children fro
1. The deceased person left a will with no assests but did have two life insurance policices. The first naming the second wife (no children) as beneficiary and the second policy naming his parents (now deceased). How are the 2 adult children of the deceased regarded in this situation? Are there any rights to the estate owed to the children
2. How are the debts paid out of this estate? Is there any liability on behalf of the proceeds from the surviving spouse's insurance proceeds? Or does it all come from what is left in the estate?
1 Answer from Attorneys
Re: Distribution of assests from estate involving second wife and adult children
This is a big mess, and I would need to see it personally before rendering an opinion. That being said, I can fathom a guess or two as to what is going on, so long as you understand that I have not reviewed the documents, and you understand that you will most likely require an attorney to handle this.
A life insurance policy is typically not subject to estate debts if the policy named a beneficiary. The policy to the deceased parents is a different matter. The first issue is when the parent / beneficiary died (before or after the decedent) and second, was there an alternate beneficiary named in the policy. There is a likelyhood that the policy payable to the parents lapsed, and would therefore revert back to the decedent's estate, subject to the estate debts, and then the will. Call me if you want to discuss it further.
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