Legal Question in Family Law in Illinois
No Will But Has Beneficiaries
My sister passed away recently and prior to her death she had requested the social security numbers of her own siblings to have them included on her insurance policies and bank accounts. She informed our mother that she wanted to leave her own brothers and sisters money because she herself had no children of her own. My sister was married with adult step-children at the time of her death.
After my sister�s death, we, her sisters and brothers and our mother, did not received any financial settlements. My sister was extremely close to our mother, it is inconceivable that my sister would not have made financial arrangements for our senior-aged mother. We also feel there may have been the possibility of fraudulent activities on the part of my sister�s husband.
Can my sister�s husband legally withhold filing the necessary paperwork to the insurance and financial institutions in order to avoid having financial settlements paid out to our mother and us, her siblings? Is there a process/method where we, her family, can circumvent my late sister�s husband and find out who are my sister�s legal beneficiaries? We have a copy of the death certificate and her social security.
1 Answer from Attorneys
Re: No Will But Has Beneficiaries
There are a lot of questions to be answered. Did your sister have a will? If not, the default rule would have her estate go to her husband and her kids. Your sisters mother will get nothing unless a special provision was in place for her.
A will is a public document and easy to get. Any insurance paperwork will not need your sister's husband's approval. A death certificate and ID is all a beneficiary needs.
If you would like to provide more information, you may contact our firm at the email below.
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