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My mother died in June and had three life insurance policies. Two of them had designated beneficiaries but one did not.

Ashburn, VA |

Is there anything that can be one to obtain the proceeds from the policy that has no beneficiary named? The other policies went to my brother and I. She had no assets other than these life insurance policies and will not have an estate set up.

Attorney Answers 4

Posted

Well, barring some miracle in dealing with the insurance company the policy w/out a beneficiary designation will be paid to her estate. So you will have ot set up an estate and distribute the policy either under her will (if she had one) or under the laws of intestacy - if there is no spouse it would likely go to the children.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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Posted

Depending on the value of the policy, you might be able to present the insurance company with an affidavit for collection of personal property or similar affidavit available for small estates. Ask the insurance company in advance if they will accept this. If not, you will need to open probate.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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Posted

the assets would be payable to the estate. There should be a "short cut" way to open a small estate in Virginia. The proceeds of the policy would be subject to the claims of creditors since the policy is an estate asset. Depending on the value of the policy, I have had clients who decided it was not worth it to open an estate and did not redeem the policy.

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Posted

Goes to estate if no beneficiary

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