As a beneficiary do i have a right to material items as well
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As a beneficiary do i have a right to material items as well
My mother passed away leaving me her
beneficiary. New Link Destination
life insurance she also
has 5vehicles and 2 rvs parked where
she lived with a guy. Now she is gone n
he is wanting all the vehicles they are
on his property
Asked on May 16, 2017 under Estate Planning, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Being the beneficiary on life insurance has nothing to do with anything else she owned--it only affects who gets the life insurance.
If she had a will, her assets will go to whomever she willed them to: it could be you, it could be him, it could be some third person(s) or charity(ies), etc. If she did not have a will, her assets will be distributed according to "intestate succession," or the rules for who gets what when there is no will--in your state, if she has no living spouse and no other children, it will all go to you.
But be aware that anything that was jointly titled with this fellow, like a car in both their names, will not be part of her estate and will not go to her beneficiaries or heirs; rather, when two people jointly own a vehicle or real estate (at least in the most common way they would jointly own it), when one dies, it automatically becomes the sole property of the other. And anything titled solely in his name remains his. So the key issues here are: is there a will, and, if so, what does it say? And in whose name are the vehicles and RV's titled?
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