Legal Question in Wills and Trusts in Indiana
Rights of direct decendant with no will made
what are my rights as daughter for Deceast Mother that has insurance policy in husbands name? Now, husband is remarrying 3 weeks after mom/wife passed and is refusing to get a memorial site with insurance money. No will was made. I think husband has litterally gone crazy over this and is not in right frame of mind. Can i put a lean on insurance check? How can i obtain insurance information to put a lean on check?
1 Answer from Attorneys
Re: Rights of direct decendant with no will made
If the insurance policy names your mother's husband as the beneficiary, then -- sorry to say -- he is entitled to receive the benefit. The money should go directly to him from the insurance company, without probate. If, on the other hand, the policy does not name him as a beneficiary, or names no one, then it could be a probate asset, giving children a claim to it.
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