Am I entitled to any of the insurance money?

Question

My dad died when I was 14 years old, I am now 28 years. During 14 these years my grandmother and grandfather passed away. My grandfather had an insurance policy, but I am told that when they divide the money I won't get my dad's portion because he is deceased, is this true. I thought because my dad was deceased and I was his heir that I would get his share. How does this work? It is like my aunts and uncles get to benefit from my dad passing away by getting his share and I don't get anything.

Answer 1

Get a lawyer; entitlement has nothing to do with how things actually turn out.  However, probate court may decide things as well.

Answer 2

You should speak to the attorney who is handling the probate issues to clarify if you indeed have any claim on the estate. If you are not satisfied with his or her explanation then consult with another attorney who specializes in wills and probate.

On the surface of what you have disclosed it would seem that you are not named in the will nor was there any provision from the grandparents to include you or any other grandchildren.

Answer 3

Yes, deceased people can't receive anything.  If the life insured, outlives a beneficary, that beneficiary is skipped.  

Yes, you don't get anything.  Typically, it's distributed either to a spouse, or surviving children.

Sorry.

Answer 4

If the grandparents' beneficiaries read "equally" then you would be entitled (or more specifically your father's estate would be entitled to it's share).  However, if it read "equally or to the survivors" his estate/you would be entitiled to nothing.

http://www.InsurancePIckle.com  

Answer 5

It depends on the wording your grandfather used to list the beneficiaries on the policy.  Unless your grandfather directed that the estate of the  beneficiary (your Dad's) could receive the proceeds then the other beneficiaries, or "survivors", get to split his share.  It may have been a decision your grandfather made, or the agent could possibly not have explained these options.  There's just no way to know how it happened...

Still, in my family we would just give you the money no matter how it the policy was written.

Sorry!

Edited to add:  The only way a probate attorney will have anything to do with the proceeds of this policy is if your grandfather didn't specifically name the children (listed "the children of Grandpa" instead of "Bob, Lisa, Mary, and Steven", or the beneficiary was listed as "The Estate of Grandpa".   If the beneficiaries were specifically named as "Bob, Lisa, Mary and Steven" then the proceeds go directly from the insurance company to the beneficiaries outside of the estate, and outside the purview of the probate attorney.  

That doesn't mean you can't talk to the probate attorney, or another attorney, I just wanted to clarify that for you.

If you do decide to fight the distribution consider that you must be prepared to spend lots of money (so how much would you actually get after attorney fees and case costs?), and to see huge family fights and drama.  Only you can decide if it's worth it.

Really, best of luck.  And I'm sorry about your Dad...