Legal Question in Family Law in New York
Claim against estate of my decease brother
HELLO, I been recieving letters from a insurance company that my deceased brother had a policy with, the beneficary was my mother, who is also deceased, she died before my brother.my brother was legally marry, he also has 2-3 children. am im eligable to file a claim, im the only living child.my brother never changed his beneficary on this insurance policy
1 Answer from Attorneys
Re: Claim against estate of my decease brother
Unless the policy provides for the insurance to be paid to your mother's estate, in the event she died before your brother; or the policy actually "belonged" to your mother, it is likely the proceeds will be paid to your brother's estate, to be distributed per his Will; or if no Will per the laws of the state concerning his "next of kin."
If your brother has a surviving spouse and children, they rather than you, would be entitled to the proceeds, as they are considered as, "his next of kin."
Good luck,
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