Legal Question in Wills and Trusts in Georgia
Hello. I have been dealing with a auto claim for my deceased brother for the past year ans a half. The only reason the insurance company contacted me is because my wife stated that she did not want anything to do with the situation. They were actually seperated at the time he had his car accident. She did make any decisions concerning his medical care. She actually told the nurses the she wanted nothing to do with making decisions and was there anything to sign to release her rights. I had to obtain a general and medical power of attorney for my brother while he was hospitalized the six weeks before he passed away. I was the person who signed the death certificate beacause she refused to sign it. After his death his insurace co. contacted me because his wife gave them my number to handle his claim. After providing all the paperwork required ( poas, police reports, death certificates) tey will pay he advise me that they will pay his accidental death benefit but it will have to go to his wife. The insurance co stated they needed probate paperwork and if the wife was deceased it would go to the kid, f kids deceased it would go to my mom. Is there anything I can do to stop that since she wanted nothing to do with my brother or the claim? Is there anything my mom can do to collect?
2 Answers from Attorneys
It depends. As far as the insurance company goes, the insurance company will pay the money to the estate of the deceased person. You do not indicate if your brother had a will. If so, then his estate would pass as per his will. If he was married, the spouse may have a claim for her spousal share. If there was no will, then the spouse and children would share.
Since your brother was separated, there may be provisions in the GA law which prohibit the wife from receiving any share of your brother's estate. As an alternative, she may have waived her rights to receive this in a marital settlement agreement.
If you have not probated an estate, then you need to do that immediately. As this is a more complicated matter by virtue of your brother's separation, I recommend that you hire a probate attorney in the county/state where your brother lived at the time of his death.
There's only one thing I'd add to Rachel's otherwise good answer.
If there is a beneficiary named on the insurance, the money is NOT part of the estate and MUST go to the beneficiary.
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