by jtpitts2 » Sat Aug 08, 2009 11:15 pm
My grandmother wanted her home to go to the grandchildren in the event of her death, she passed in 2007 and her home was willed to our father. The new will, willing the property to us disappeared, but our father never probated her estate. Our father ex-wife reappeared after our grandmothers’ death which the family disapproved of. Our father recently passed and his ex-wife (no relation to us) produced a new will recently filed which named her as beneficiary of his estate and for his children to receive nothing. We are still listed on our father’s life insurance policy as beneficiaries because he didn’t get the chance to mail in the changes. Does the ex-wife have claim to this policy and to our grandmothers’ house?
Posted: Wed Aug 12, 2009 02:03 am Post Subject:
I don't claim to be an expert. I just picked up many bits of information over the years working in a law office here in Missouri.
A Will does not override the insurance policy. If she can prove that he had filled out the papers to change the beneficiary and just hadn't mailed it, the money could get tied up for awhile I guess.
And the house will not go to her by default. If there is a Beneficiary Deed in place, that will determine the rights to the house. If not, the house will become part of your father's estate. No one will have any right to it except through a court order.
When I did probate work, I saw many people who thought that a will was enough to transfer the ownership of real estate. It isn't.
Once your father's estate goes to probate, relatives will have the chance to come forward and make a claim. I've never seen an ex-spouse receive preference over biological (or adoped) children once the estate is finalized.
Posted: Fri Aug 14, 2009 02:24 am Post Subject: insurance
Hi, OP. Was his EX in the Will AND Life Insurance,..or, just the Will? I ALSO say that a Life Insurance policy outweighs the Will. If all of this becomes a battle ( and it seems like it may..), I would think that the BIOLOGICAL family (kids,etc) would have the 'upper hand.'
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