Legal Question in Wills and Trusts in Kansas
inheritance
my father passed w/ a 50k policy and no beneficiary. my sister and i are only children and there was never another wife. we were adopted (name only) by our stepfather. Do we still have claim to the ins money? (we are sole beneficiaries on his will)
3 Answers from Attorneys
Re: inheritance
I can't speak for Kansas probate law, but the usual situation where no beneficiary is named is for the insurance company to make the check payable to the decedent's estate. If you have the will probated, the money will flow into the estate then out according to the terms of the will.
Re: inheritance
You will have to prove all this to the insurace company, but you and your sister are the rightful beneficiaries.
Re: inheritance
I would have to review both the insurance policy and the will to be sure. Many insurance policies have alternate distribution set forth in the policy when there is no designation. Also, you need to be sure the will is valid. We have several cases in which insurance companies have "lost" beneficiary designation forms, or where the payouts were mishandled. I strongly recommend that you meet with a lawyer about this ASAP.
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