by Guest » Thu Jun 09, 2011 06:57 am
My Mother had life insurance with my Dad as beneficiary but he passed first so it was never changed when she died it then was to be paid to myself and one sibling. She has died before claiming her money. I am intitled to money now. MY QUestions is the money she never claimed part of her estate? She had no will. I am wondering because insurance is ready to send check but I want to know if it needs to be filed with her other assets (just 2,000 savings) She was on medical in CA can they take the money? thanks
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Posted: Fri Jun 10, 2011 04:53 am Post Subject:
I guess in your case it has to decided upon your state laws. Usually the proceeds to a primary beneficiary, and in the absence of the primary beneficiary it goes to the contingent beneficiary.
Posted: Mon Jun 13, 2011 06:11 am Post Subject:
She has died before claiming her money.
What money are we discussing? If your mother had a life insurance policy that named your father as the beneficiary, there is nothing for your mother to have claimed, and if she never named a new beneficiary following your father's death, there is nothing for you to claim. If you are talking about a life insurance policy on your father that named your mother the beneficiary, and she never made a claim for that, then you have a pretty big mess on your hands.
To complicate things, there is no will, and your mother was a Medi-Cal (Medicaid) beneficiary, which means this will all end up in Probate Court.
Medi-Cal will have a priority claim on estate assets, with your mother's home at the top of the list. All expenses paid by Medi-Cal after she turned age 55 are recoverable from her estate. Most items that were protected from the "spenddown" test are not protected from asset recovery.
You need to hire a probate and estate attorney to help you sort this out. It will not be simple.
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