Legal Question in Wills and Trusts in Ohio

my questions is about estates. My mother passed away in feb 2011 and left my sister in charge of her wishes. My sister has paid out what my mom wanted to me and my brothers. Recently one of my brothers has found a insurance policy that none of us knew about and is trying to become the admin of that policy. The policy was set to go to my moms late husband but he passed away a few years before my mom My brother is trying to get the policy split evenly between my moms 4 children. But we have all recieved what my mom wanted us to get and the rest was supposed to go to my sister. There was never any paperwork filed with the courts so no estate was set up


Asked on 6/06/12, 5:14 pm

1 Answer from Attorneys
Christine Socrates Meyers, Roman, Friedberg & Lewis

If there is no secondary or contingent beneficiary named then the insurance proceeds will be paid to the estate. This means that a probate estate must be opened and if your mother had a will, that will govern who will inherit the proceeds. If she did not, then the probate laws of descent and distribution will govern. If there is no surviving spouse, then the proceeds will be divided evenly among the children.

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Answered on 6/07/12, 7:08 pm


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