Legal Question in Insurance Law in New York

A person dies with no will and no assets. They do, however, have a small insurance policy. Due to the application being filled out incorrectly , the beneficiary designation is listed as 30% brother / 70% illegible. The brother is also deceased, but has two children. The next of kin to deceased is a 2nd sibling.
In this case, which scenario would be correct:
1. It is 100% payable to the estate since the original beneficiary is deceased and 70% was marked illegible.
2. The 70% illegible portion is payable to the estate, and the 30% is the property of the original beneficiary's children.
3. 100% is the property of the beneficiaries and next of kin, with 30% going to the children, and 70% going to the deceased's sibling as next of kin.
Also, if there was a funeral home that needed to get paid from this policy, what portion would it come out of, if any?

Asked on 1/09/14, 7:51 am

David Slater David P. Slater, Esq.

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0 attorneys agreed

#1. All creditors of the estate would be paid first. Good law school question.

Answered on 1/09/14, 9:39 am

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