Legal Question in Wills and Trusts in Pennsylvania
my sister died on jan 11 2014 no will husband named as beneficiary on
cancer policy he is also deceased he had 2 adopted children
she has none 7 siblings are her only surviving relative
who is rightful owner of proceeds
2 Answers from Attorneys
I presume you mean there was a life insurance policy naming your sister's husband as the beneficiary and he died before her. Unless the life insurance policy dictates that the husband's heirs take, the life insurance should be paid to your sister's estate. Your sister's estate would then go to her surviving heirs.
Someone will need to open up an administration for your sister's estate to claim this and any other assets she might have.
Please let me know if we can assist.
Kevin A. Pollock, J.D., LL.M.
www.PollockAtLaw.com
P: (609) 818-1555
Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.
Also, visit my blogs at:
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Attorney Pollock is correct. The husband's adopted children do not inherit any of this money unless they are contingent beneficiaries.
You need to know who the beneficiary would be if the husband died. If there is a contingent beneficiary named, the money goes to that person whoever it is. No estate would need probated if there are no other probate assets.
If there is no contingent beneficiary named, then the funds are paid to your sister's estate. An estate would need probated to get this money, but the money would first go to pay any creditors. After the creditors and other estate expenses are paid, the net amount remaining would be distributed to your sister's heirs under the intestacy law of the state where she lived prior to her death. If this is PA, then the money would go to her siblings since she has no living spouse or children as per your post. The insurance money and any other assets would be split among the 7 siblings.