AboutDavid Hollingsworth Expertise I have quite a bit of experience in the field of Probate in Central Indiana along with general areas of civil law. I do not answer question regarding crimminal law or misdemeanors.
Expert: David Hollingsworth Date: 3/28/2008 Subject: life insurance policies now owned by estate
Question My brother-inlaw passed away intestate. Assets were mainly joint ownership or beneficiary to the widow and there has been no need to probate. However there are two small life insurance policies (on children) that were owned by the diseased with no co-ownership so now they are owned by the estate. The insurance company has supplied a form to transfer ownership.Can the widow act on the diseased behalf or does she have to be appointed executor.
Answer Your statement that the insurance company wants to change ownership cannot be correct. If the estate is the beneficiary now and not the wife the question legally is whether she is the sole heir or not. If there are children whether adult or not they would have a right to a protion of the proceeds. You really need to talk with your attorney to straighten out what the insurance company is trying to do. The form should only be a claim form for benefits. If the check is payable to his estate there would be a possible way to avoid probate but that would be based on the amount of the check and whether it is th only asset in the estate. I cannot give you any more answer than this without a lot more insight as to what this form is. JDH
