Legal Question in Wills and Trusts in Massachusetts

First, I am sorry for your loss.

If the insurance named you as the beneficiary, you are entitled to the entire amount. Unless there is some court order that required the policy name you both as beneficiaries, he should not be entitled to any part of the insurance.

If the insurance policy did not name anyone, then it goes to your son's estate. Under the intestate rules, the proceeds go to the nearest relatives which would be you and your ex.

I am very sorry for your loss.

Presumably, your son's policy names a beneficiary. If there is a named beneficiary, the insurance proceeds should be payable to that individual (absent a court order or some other consideration).

If the insurance policy had no named beneficiary, or if the primary beneficiary had already passed, the insurance benefit would be paid out to your son's estate. Once that happens, the proceeds are handled just like any other probate asset, and pass according to his will or the laws of intestacy.

If you need some assistance in setting up your son's estate, or in obtaining or safeguarding the insurance proceeds, please feel free to contact our office.