How can I become beneficiary after my husband's death? 10 Answers as of January 10, 2012

Sorry but I think it is unlikely that you can do anything. Life insurance proceeds by statute are not subject to the claims of creditors unless no beneficiary is specified and the money goes into the probate estate. Unfortunately, you signed the contract with the funeral director on the assumption that you were the beneficiary, unless you can show that it was a mutual mistake, you may not have a defense. Did this information help answer your question(s)? Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law. You may need to consult directly with an attorney and provide additional information in order to get the best answer.

Sorry there is nothing that you can do legally to compel your mother-in-law to contribute or pay the funeral bill.

You would be the beneficiary of your late husband's intestate estate. If you are saying that your late husband designated his mother as beneficiary of life insurance, this is an asset that is not subject to probate. If the designation of beneficiary was properly executed, the insurance company will pay the policy proceeds to your mother and you have no recourse.

As surviving spouse, you have a right to certain assets even though a beneficiary had been designated. Since you will need to bring a proceeding in court to have the beneficiary turn over the funds to the estate, I suggest that you retain the services of an estate attorney to assist you.

It is unclear how his mother became the beneficiary if there was no will. Absent a will, any oral statements by him that she would be the beneficiary are not enforceable. Also, without a will in most states at least 1/2 goes to the surviving spouse. If you live in a community property state, 1/2 of the estate accumulated during marriage belongs to the spouse. The only way I can see she would be a beneficiary is if she was a joint tenant with right of survivorship on any real property or bank accounts.

Where there is no will in California, the surviving spouse has rights to inherit, the amount depending on whether or not there are children. Beneficiary usually means someone who takes under an insurance policy. You should consult a local attorney, being clear about your financial condition, until you find someone who will intervene on financial terms you can afford or on a deferred basis.

You can file for a year's support in Probate court.

Insurance beneficiaries cannot be changed after death.

In Virginia, a spouse cannot exclude another spouse. You have certain right which are enforceable against his estate.

In Colorado your husband cannot "leave everything to his mother" without a will. So I'm not sure what's happening there. Moreover, even if such a will exists, you are entitled to what's called the "widow's portion" which can be anywhere from half to 100% of his property, depending on several other facts. You need to speak with an attorney immediately. In the meantime do not spend your money paying those bills. There are several solutions that that situation, most of which do not involve you impoverishing yourself to pay off the bills. Like many attorneys we will sit down and review the bills, the letters and your situation with you without charge. Your best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.