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My father passed away with no will, what can I do to insure my sister and I receive a portion of his life insurance policy?

Asked over 2 years ago - Nashville, TN

my father (divorced from my mother since I was 10 yrs old) who never paid child support, recently passed away with no will. his current wife is not offering any portion of his life insurance policy or estate to my sister and I, what rights do we have to fight this and be sure we receive a portion of his estate?

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Attorney answers (2)

Gregory Herman-Giddens

Reputation Level 11

Answered over 2 years ago. Probate Attorney in Chapel Hill, NC.

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If your father named his wife as beneficiary of his life insurance policy, you and your sister have no right to any of the proceeds. As for any other property owned by your father at his death, it depends on the type and amount of the property. I suggest that you consult with an attorney to determine what, if anything, you may be entitled to.

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Guy Scott DiMartino

Reputation Level 13

Answered over 2 years ago. Personal Injury Lawyer in Howey In The Hills, FL.

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This information is being provided for educational purposes only.

Insurance policies are paid to people listed as beneficiaries. If his current wife is the only listed beneficiary, she is entitled to the proceeds by law. If he had an estate and a will, you and your sister would take under the will. If he had an estate and no will, you and your sister would take under the intestacy statute. You should contact a TN probate attorney.

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