How do you know if u are the beneficiary of a deceased person?

Question

my mom recently passed away and she told me about ten years ago that my sister and i were her beneficiaries.

i mentioned it to her husband who did not like that and now i have no way to find out if I am her beneficiary.

is there a way? there was no legal will, just a handwritten statement saying I am to have all her personal items. (And her husband refuted that too.)

thanks for your help.

Answer 1

Without a will, you will have to take it to a probate court and may end up s[pending a lot of money to get very little if anything.  It would help if you have the handwritten statement and it is signed.

Answer 2

If she had a life insurance policy, and she named you and your sisterciaries, then by contract you & your sister would be entitled to the money from the policy.  

As for the handwritten statement, whether or not is a valid will depends on if the state that you live in recognizes holographic wills or not.  A holographic will is an unwitnessed handwritten document signed by the deceased.  In states that recognize holographic wills, as long as your mother signed the statement, and it is in her hand writing then it will be recognized.  Some states may recognize it even if it is not signed.  However, not all states recognize holographic wills.  Those states that do not recognize holographic wills require, the will to be signed by the deceased and witnessed by at least 2 other people.  

Even if there is not a valid will, you could go to probate court.  There, your mother's estate would be distributed through intestaintestacy state has different intestacy distrobdistributiones.  In most, 1/2 of the estate would go to the spouse, and the other half would be distributed per stirpes to her descendants (which would be you and your sister).

Answer 3

I think you will have to consult the life insurrence people. they should know.

Answer 4

Ok first what state do you live in?

Traditionally, the person that dies is the decedent.  The children of the decedent are the descendants.  Dying without a will means that the individual died intestate.  The descendants of a decedent that dies intestate should receive a share of the decedent's estate.  The decedent's estate is the total value of everything owned whether real, personal, or intangible property that the decedent owned at death.

Life insurance policies are not part of the decedent's estate.  This is because at the time of death the proceeds go to a named beneficiary.  Therefore, at the time of death there is nothing from a life insurance policy to be counted as a part of the decedent's estate.  The person dies and immediately (as a matter of law) the life insurance policy executes and the proceeds go to the named beneficiary of the policy.

Additionally, look into holographic wills (which means a document that is handwritten by the Testator which devises all ((or even just some)) of their property).  Many states allow for holographic wills. Although my home state of Illinois does not.

Contact the insurance company (you have standing both to contact the insurance company and go to court if need be because you are a person who would receive an intestate share of the decedent's assets.)

Good luck.