Legal Question in Wills and Trusts in Massachusetts
My Mom passed away ayear ago. I do not know if she had a will, I recnetly recieved a letter from her former employer who says she has had a life insurance policy that myself and 2 brothers are benificiaries on. She lived with my younger brother whom both myself and older brother do not speak too. As it has been over a year and no one has contacted me about a will can I safely say thT there was no will and submit a letter signed b y a notary stating that I am one of 3 surviving children
3 Answers from Attorneys
Yes -- there is no need for a probate in order to collect on the life insurance policy.You need to follow the instructions provided by the insurer in order to receive the proceeds of the policy. You may not like your brother, but you may need some cooperation from him -- specifically, getting his Social Security number, which the insurer will request.
Life insurance that names beneficiaries is not controlled by Wills or Probate. Acknowledge the letter and collect your 1/3rd.
You might want to check the Probate court in the county where your mother lived to see if there was a Will or estate that was probated.
Alexandra is wrong, and Jon is correct.
Life insurance proceeds bypass probate.
As to the will, you cannot assume.
Call me with any questions.
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