Legal Question in Wills and Trusts in Maryland

Re: Is he intiteled

In order to answer this question, you need an attorney to review the probate file, the insurance policies, and any other documents which might be relevant.

For example, you state that your grandfather bought life insurance policies for his children, but do not say who was listed as the owner(s) and who was listed as the beneficiary(s) of the policies.

I will assume from the way that your question is worded, that what your grandfather did was to pay for policies for each of his children, and that each of the policies listed a child as the owner, and that child's children (i.e. the grandchildren through that child) as beneficiaries of the policy.

Apparently the insurance company must have changed corporate structure, subsequently, and had to pay a cash or stock dividend. You indicate that the insurance company was supposed to pay the dividend to the "policy owners". So the question becomes, was your granfather the policy owner, or not? Perhaps, if not, the dividends were paid out in your grandfather's name simply because he bought the policies.

In any event, in general, if new assets come into your grandfather's estate, which were previously unknown, then the probate file can be re-opened to determine the correct distribution of those assets.

If the dividends are considered estate assets, you can petition the surrogate's department or the civil court to re-open the estate. If the dividends are considered as properly passing directly to A, B, and C, then the financial outcome may be different.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]