An Administrator would need to be appointed by the court and the proceeds of the insurance would pass as intestate property. You should seek the advice of an attorney if that is the only asset of the estate to determine if there is any easier option available in your state.
No. Life insurance is paid the the beneficiary named in the policy, your creditors have no claim against the insurance proceeds EXCEPT if the proceeds are paid to your estate.
Countrywide Insurance Services have their headquarters located in Caldecotte, Milton Keynes, UK. They claim to be the largest estate agent in the United Kingdom.
If the insured has died the proceeds from the insurance will be paid AS STATED IN THE POLICY. The proceeds of the claim are not part of the assets of the deceased's estate.
There is no requirement to 'read the will.' The claim against the life insurance policy can be made any time after the death. In many cases it will not be a part of the estate.
They can certainly claim a portion of the estate. They are entitled to it as much as any other descendants. And in most cases if there is no will, there is a portion of the estate that they get.
If the life insurance policy had listed as the beneficiary the spouse only then it is not considered part of the estate and is not subject to claims. If the beneficiary is the estate then it is subject to claims. The only problem with the spouse being the only beneficiary is if she was a party to the claims personally then perhaps she and the proceeds from the life insurance could be subject to these claims.
No.
Your wife has the right to a share in your estate under most, if not all, state laws in the United States. Under those laws, even if you make a will and leave your estate to other beneficiaries your surviving spouse has the legal right to claim at least a third of your estate in most jurisdictions.
The person named beneficiary is the sole recipient, the ex-spouse would not have a supportable claim to any portion of the death benefit.
A quit claim deed from yourself to yourself and spouse is the simplest way.
Yes. In most states in the United States a spouse cannot be disinherited by a will. The spouse can file a claim under the doctrine of election. By filing such a claim, the surviving spouse is generally awarded an intestate share of the estate. You should consult with an attorney in your jurisdiction who can review your situation and explain your options.
==One Answer== Spousal election is the method used in certain states for a spouse to claim a portion of the estate of a deceased spouse who disinherited them by will. Generally the disinherited spouse can elect to claim a portion equal to what they would have received if the decedent had died intestate.
A life estate is based on a specific person's life. If they are not named in the life estate, they have no interest. They can claim the right to use the life estate as long as the individual is still living.
Yes!
Your question is difficult to understand, Is this anywhere close to the circumstances? Your sister was killed in A car crash while your brother in law was driving, He had no insurance on the car, Now you want to sue your brother in law? Is that close? In don't think you have any grounds, because your sister was the spouse so she had no insurance either by default. I think the best you could hope for is: prove negligants, and sue for wrongfull death. Still, its A long shot.
No, but you may need to ensure that the spouse if you are estranged cannot make a claim against this as an estate in the event of anything happening to you if that is what you want.
In most jurisdictions in the US, a spouse who is left out of a will can claim a statutory share of the estate under the doctrine of election. It can be a simple process by which the surviving spouse must only file a claim against the estate. You should consult with an attorney who can review your situation under he laws of your state and explain your options.