Who should receive the policy and estate if I had two siblings and both died within months of each other? 3 Answers as of July 07, 2017

One sibling names the other sibling as beneficiary. However, the sibling name as beneficiary preceded him (the insured) in death. The beneficiary who died prior to the insured, was never married but allegedly have adult children. My youngest brother (the insured) was never married and without children. I am the only sibling left and our parents have been deceased for a several years. My brother did not have a will.

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Law Office of T. Phillip Boggess | T. Phillip Boggess
The first things to look for is whether a per stripes designation is made on the life insurance policy. If so, any kids can make a claim. The second thing is whether there was a contingent beneficiary. If so, that person would receive the proceeds. If one wasn't named, the money would go to his estate. If his entire estate is over $100,000 in value, then you'll have to go through probate. If in probate, then if there?s a child, that child will get all. If there isn't a child, then you would receive all of it.
Answer Applies to: Illinois
Replied: 7/7/2017
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
The designated beneficiary of the insurance policy predeceased the insured, therefore the insurance proceeds would go the contingent beneficiary under the policy. If no contingent beneficiary is named the proceeds go to the estate of the insured. A probate estate must be opened. Heirship will be determined by the court. Since there is no will the Statue on Descent and Distribution applies. Since the deceased had no wife or children and the parents predeceased the decedent, the estate would be divided amongst the siblings. There are two siblings so the estate is divided in half. Half to you and half to the children of the deceased brother, if the children can prove paternity. If the brothers children cannot prove paternity then all to you as the sole heir.
Answer Applies to: Illinois
Replied: 7/7/2017
Shimberg and Crohn, P.C. | Jonathan Shimberg
The policy provisions prevail. It was a contract, so you have too see what it says. If the beneficiary predeceased the insured and no secondary beneficiary is named, the insurance contract makes provision for that problem...probably his (the inured) heirs, which from what you say is you.
Answer Applies to: Illinois
Replied: 7/7/2017
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