My aunt is keeping all my grandma’s stuff and her 7,000$ life insurance from the rest of the family. My grandma said we each get 1,000$ from her. But my aunt is lying and keeping everything. What can I do?
ANSWER BY MARGARET CROSS-BELIVEAU:
Life insurance is payable to the beneficiary listed on the policy. If you were listed as a beneficiary, the life insurance company would mail you a check. It is possible that your grandmother listed your aunt as the beneficiary and your aunt promised to share the proceeds. You would have to prove that is the case by filing an action in the probate court. It would cost the family more than $7,000 to litigate the issue. It doesn’t seem that your grandmother had any probate assets, so there wasn’t a probate opened for her estate. You can open a probate to try to make a claim on the tangible personal property, but if your grandmother didn’t have a will that would go to her children. You should speak to an attorney to determine if that is the right course of action for you.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The probate litigation attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.