Legal Question in Wills and Trusts in Florida
My mother recently died, and my sister and I would like to know,"If it is possible to have her husband (separated over 5 yrs, not legally), removed from being a part of her estate? We found an insurance policy that was on my mother, by her first husband, he died many years ago, then my mother inherited the policy. Now being her children, we feel that we should inherit the proceeds of said policy. Being that her death certificate states that she was married, this creates an issue with the insurance company, because legally her husband will become a 50 percent owner in the proceeds. We feel that this isnt right because he doesnt even know of the policy, and the originator of the policy is OUR father.
1 Answer from Attorneys
You ask many questions without sufficient facts to answer. You need to take all your paperwork to an attorney and have it reviewed. The insurance policy without a beneficiary named likely is payable to her probate estate. It then becomes part of her probate. The husband who is alive, separated or not, can claim a share of the intestate, no will, estate by statute. You say he is 50% owner of the policy, it would only be true if the beneficiary designation in the policy states this. You cannot avoid his potential claim against the estate assets though.
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