I assume if there was no will, there was no trust. I also assume the beneficiary(s) on the policy are also deceased. The estate will go through probate. You will have to advise the court of your status as an heir and once the probate proceedings are completed, you will get your share of the life insurance proceeds.
In most cases it will default to the estate.
In most cases there will be none. The estate was left to the brother.
That will depend on what the will says. In most cases, the bulk of the of estate would be expected to go to the spouse.
yes
it would fall back to his estate. as long as the wife inherits the estate she will get it, but the amount will then be taxable. if she was the beneficiary of the policy or if the trust was still solvent the money would be tax free.
Each estate must be separately administered. Fathers creditors will need to be paid from father's estate, necessary tax forms will be filed. Father's estate will need to be distributed according to the father's will, i.e., the residual to the surviving spouse. The estate of the spouse is then probated by the administrator of the wife's estate, as required by the wife's creditors and heirs.
Each estate must be separately administered. Fathers creditors will need to be paid from father's estate, necessary tax forms will be filed. Father's estate will need to be distributed according to the father's will, i.e., the residual to the surviving spouse. The estate of the spouse is then probated by the administrator of the wife's estate, as required by the wife's creditors and heirs.
An estate for your father in law should be opened. After all debts against the estate are settled, then monies can be distributed per the will. I believe burial would be a debt against his estate. Consult an estate attorney. It's not feasible to give away his money while he doesn't even have any to give after he is buried. Common sense should prevail on this one...but seek legal advice from the estate attorney.
That depends on the size of the estate, how it is titled, who it goes to, what state your father resided, and potentially other factors. If there are few assets and the estate is small, start by asking someone at the bank for advice. If the estate is large you should seek advice from a qualified estate attorney.
Most life insurance policies have a primary and secondary beneficiary. If the primary signs away all their present and future rights to the benefits then it will be left to the secondary beneficiary. If there is no secondary beneficiary or the secondary beneficiary is deceased the money would be left to the estate of the insured and subject to probate. This would place the funds subject to estate taxes if the estate is large enough. As a matter of full disclosure, I own and operate a small Independent Insurance Agency for the past 22 years and worked as an agent for direct writers for 3 years prior to that.
You will probably need a court order. You should call a lawyer.
It would seem that you have been left out of the will. As a natural heir, you would have standing to contest the will. You should consult a probate attorney to determine what you want to do.