Legal Question in Family Law in Florida

Dad died

My Dad just died apri 11 2003 my parents were divorced. He remarried 36 years ago on some of his insurance polices he had his mothers name as the benificiary she died 25 years ago and he never changed it. So my question is who has a right to that? his wife of 36 years or his kids or his brother he only has 1.


Asked on 4/28/03, 12:58 pm

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Dad died

Hello, this is a difficult one to answer without more facts. His wife may be entitled to something as marital property, even if not named as beneficiary, if your father lived in Wisconsin (but maybe not if in Florida). Also, if no second or contingent beneficiaries were named, then his estate could be entitled to some of the proceeds. Who receives from the estate depends on if there was a will or not. If not,his kids would be closer heirs than his brother. If you need an opinion you can rely on, you need to retain an attorney to give you some guidance. Best wishes, Mark J. Mahoney

920-984-4529

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Answered on 4/28/03, 1:38 pm


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