My father was very sick and then died leaving his wife as the beneficiary of his life insurance policy but in his will he states that he wants his children to have 10 grand each. She wrote my brother saying that she was left the money and as his wife she gets everything. What do I do? What can I do so that he gets his last wishes?
The life insurance passes to the named beneficiary by contract. That's separate from the estate, which is controlled by the will. The beneficiaries under the will would receive their money from property of the estate, and not from the life insurance policy.
The will should be probated to make sure that the property passes as set forth in the will. See a probate lawyer in your area.
Beneficiaries under will get probate assets or any assets payable to his estate or to a testamentary trustee while life insurance passes by beneficiary designation form. Did he have capacity when he completed beneficiary designation form.
The life insurance passes directly to the designated beneficiary, in this case, your father's wife. If there is a valid will giving each of his children $10,000 that gift should come from his estate (not his life insurance with a designated beneficiary).
Assuming your father's estate has the funds, the gifts to his children should be made.
You need to retain a probate attorney to pursue your interest if she is not distributing the property or being upfront about what his estate contains. At a minimum, you should have an initial consultation so you know what your rights are. Attorneys with flexible fees can be found on this site.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline