Legal Question in Wills and Trusts in New York
Beneficiary
My father just passed away he had no will. His life insurance policy payed out 100% to one sibling who is listed as the beneficiary.
We are a total of four siblings and each of us received 5%. We should have received 25% each. Can we sue the sibling to distribute the remaining balance evenly?
Asked on 1/31/09, 6:41 pm
1 Answer from Attorneys
Mark S. Moroknek
Kelly & Curtis, PLLC.
Re: Beneficiary
Whoever purchased the policy and paid the premiums, decided to name your sibling as the primary benficiary. It might even have been your sibling.
There is really nothing that you can do about that unless you can show that the beneficiary language in the policy was recently changed as a result of undue influence, generally by the party who thereby benefits.
It sounds as if the sibling was good enough to share.
Answered on 1/31/09, 7:41 pm
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