Legal Question in Wills and Trusts in Minnesota

Legal Heir

My grandfather passed away several years ago. He and my grandmother left a large chunk of land, gold coins, insurance policies and money. My grandparents had eight children, who then proceeded to have 2-4 kids each. Needless to say, my parents and the aunts and uncles received all the monetary benefits.

For fun, I went on to a unclaimed property website. I found my grandfather's name, which stated that there is a life insurance policy ''out there.'' Am I, as a granddaughter, a legal heir to this? or are my parents entitled to the policy before me?

Thanks for any help.


Asked on 11/02/02, 7:18 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Legal Heir

Life insurance is controlled by who is named as the beneficiary. Who gets the insurance depends on who the beneficiary of the policy is.

If there is no beneficiary, or if the beneficiary is gone, dead or can't be found, then the proceeds should go to the estate. This could require reopening of the probate of the estate.

If it goes to the estate, then it will go to either whoever was named in the will or to the heirs at law.

In MN, heirs at law means children. It doesn't go to you (the next generation) unless you are a child of a deceased child. As long as your parent lives, you get nothing.

But if I were you I would get busy and do some more homework on that life insurance anyway. The folks who receive the benefit should or could be persuaded to give you a finder's fee or reward just for finding it.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 11/04/02, 11:04 am


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