Am I eligible to receive the life insurance or 401k? Do i need to go through probate?

My mother passed away in june 2014, with no will. My father passed in may 2016, he had alzheimer s and would hide any paperwork concerning mom s estate from me. I found going through old papers that mom had a group life insurance and a 401k from her work, dad was her named beneficiary, I do not know if there are

My mother passed away in june 2014, with no will. My father passed in may 2016, he had alzheimer s and would hide any paperwork concerning mom s estate from me. I found going through old papers that mom had a group life insurance and a 401k from her work, dad was her named beneficiary, I do not know if there are any contingent beneficiaries. Before dad passed I was named trustee of his revocable living trust and personal representative in his will.

Best Answer:

Noel: You do not mention whether you have any siblings. You also don't mention what the will specifies. If your mother is dead and your dad was the beneficiary, then the 401 K and life insurance becomes part of your dad's estate. If he willed his estate to you, then you would be entitled to the 401K and the life insurance. However, if his will divides the estate or specify's that his estate goes to someone else, the 401 and insurance would go with it. If you have a will, you don't have to go through probate. However, you would have to produce the death certificates of both your mother and father and the will which designates you as the recipient.

Other answer:

Noel:
if there's no shall, i sugges you contact a estate attorney
Stan:
If there is no will, I sugges you contact a estate attorney
Judy:
Do you have any siblings? They'd have rights also.
Eva:
Group life insurance usually ends when the employee leaves the job. There may be remaining funds from the 401k. If there was no contingent beneficiary then it should go through the living trust and be distributed according to the terms of the trust or will.
Metallic Anarchist:
Thanks for the 2 points loser

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