Brother died, what should we expect?

Question

My brother died and he left no will and had no real property. In Wisconsin We just found out that he gave beneficiary of his 401K to us the siblings. However the life insurance policy beneficiary is his ex wife. We found his divorce decree and it states that he keeps all pensions, 401, life and health insurance polices.

What should we expect? This most likely will go to probate but we don't know about the life insurance; due to the date on the policy it seems that he may have never changed it, or was that perhaps his wish?

Does the divorce decree take precedence over the actual beneficiary of said policy?

To the asker that made the errorenous presumption that our family isn't grieving, do not be mistaken in your pathetic judgement. It isn't like he died yesterday.

Answer 1

If your brother was divorced and childless, then his estate will pass to his parents. If your parents are no longer around, the estate will pass to his siblings.

However, life insurance policies have named beneficiaries. You say the divorce decree states that your brother "kept" his life policy. But didn't he change the beneficiary when he divorced? If not, it's a bit of a mess. The insurer can decide either to award the money to his ex, or more likely, not to pay out at all.

Answer 2

Yes, the cheapest way is to ask the insurance company-I'm sure they've had this happen before. Your other option is to see an attorney-which will cost you something.

Answer 3

I think if your brother just died, you shouldn't be worried about the money, you should be mourning the loss. Really now!

Sorry hon, but as I have lost brother myself, money never entered the equation. After all who cares if the ex gets the money? it won't bring him back and your spending it won't make it better. Your funeral costs will get paid for(I know very expensive). It just seems to me that people are to concerned with money.

Answer 4

call the insurance company...im sure they could advise you on this.