Legal Question in Family Law in Florida
A cousin has died and left a life insurance policy of $500,000. The original beneficiary was deceased prior to her death and another was not named. There are 2 surviving cousins, (their mother and her father were siblings) an elderly aunt, (sister of her mother) and a niece. (daughter of her deceased brother). It would appear the niece is the closest relative but she was adopted by another man after the divorce of her parents. Does this adoption take her out of the mix? My thought is that if her biological father relinquished all claim to her by allowing this adoption, her possible claim to a portion of this insurance policy would be moot.
1 Answer from Attorneys
You will need to open a probate estate for cousin and the life insurance proceeds will be paid into cousin's probate estate. At that point, in accordance with the intestacy laws in Florida, you can determine who the legal heirs are of cousin and who will be entitled to the money.