Question: Would a letter from a client be enough to change the insurance beneficiary?
Question Detail: My father put my mother and I as primary and contingent beneficiary on his insurance. My mother has passed away so the policies had lapsed. My father wrote a letter to reinstate the policies saying that he would like to change the beneficiary. The policies were reinstated leaving me as the beneficiary though the insurance company never received an official change of beneficiary. My father has passed away and my brother thinks that he is the beneficiary. Who should get the benefit?
Answer: Whoever is the executor/personal representative of the estate should contact the insurance company to determine who the beneficiary is – they will send claim forms to fill out. You can not change the beneficiary at this point. If there is no listed beneficiary, the insurance proceeds default to the probate estate and pass pursuant to his will.
Question: How does an estate be disseminated if the deceased didn't have a will?
Question Detail: My father-in-law passed away without any last will and testament. My husband wants to know if he and his brother are entitled to anything.
Answer: Through the laws of intestacy of the state of residence. All states have a statute than handles the payment of a decedent’s debts and the ultimate distribution of assets when there is no will or trust to do so.
Question: How do I add my wife to a deed for my home in Connecticut? If she is a US citizen there are no tax implications.
Answer: You would need a lawyer to draft a deed adding her to the title. Then you would record it in the Town Clerk’s office of the town the property is located.
Question: Can I go to the probate court with an unsigned copy of a will and a signed codicil to the will to get letters testamentary?
Question Detail: I cannot find a signed will, although I have an unsigned copy, for my mother. I do have a signed codicil to this will. Can I go to the probate court with these 2 documents, along with a death certificate, to get letters testamentary?
Answer: Probably not, at least not with a material reason why the original is missing, like a fire of the home. Otherwise, it is presumed that the Will was destroyed. You would need to establish your mother’s intent to destroy it or not to destroy it. Have you considered a safe deposit box with a bank? Maybe the Will is there.
