Legal Question in Wills and Trusts in Pennsylvania

my mother passed away 16 yrs. ago and had a life insurance policy that listed my father as the beneficiary. My father passed away less than a year ago. i was contacted by life insurance co. that my mother had a policy that my dad never filed for-now i need to file to collect as an heir of my father's estate. My father remarried shortly before his death-is his current widow also an heir to my mother's life insurance policy?


Asked on 9/24/12, 3:48 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Yes, his widow and is children would be heirs of your father's estate. Surviving spouses are legal heirs.

If his second wife had a will, her estate would go to the people she designated in her will.

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Answered on 9/24/12, 8:37 pm

Just to confirm - your mother had a policy naming your father as beneficiary. However, he remarried and never filed a claim for the benefits?

If that is the case, your father was entitled to the benefits and they would be paid to the personal representative of your father's estate for distribution to your father's wife and heirs as per his will or the intestacy laws of the county/state where he lived at the time of his death.

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Answered on 9/24/12, 11:51 pm


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