Legal Question in Wills and Trusts in Illinois
Funds listed in small estate affidavit
My mother passed away (lawyer has lost the will) so small estate affidavit was filed. I am named to receive funds in the small estate affidavit. My mother had remarried and her new husband received all life insurance. How do I get the money listed in the small estate affidavit? Is a lawyer necessary? Any help is greatly appreciated.
1 Answer from Attorneys
Re: Funds listed in small estate affidavit
Life insurance proceeds do not generally pass through a person's estate; rather, they are paid directly to a named beneficiary. However, if a beneficiary is not named, the proceeds go to the person's estate, and you may then be entitled to a share of the assets.
So, the critical piece of information here is whether your mother named her new husband as the beneficiary.
You might want to have a lawyer review the documents and the facts of your situation to see if you have rights to any of your mother's property or life insurance proceeds. It would most likely be the time for a consultation.
Good luck to you.
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