If my father passed away and had 2 insurance policies does his wife of less than 6 months get all of his estate?

UPDATED: Dec 12, 2013

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If my father passed away and had 2 insurance policies does his wife of less than 6 months get all of his estate?

She is listed as the beneficiary and there is no Will. Am I entitled to any of his estate?

Asked on December 12, 2013 under Estate Planning, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) Whomever is listed as the beneficiary(ies) on the insurance policy gets their proceeds--insurance polices are contracts and their proceeds pass to the person named in the contract. So if the new wife is the listed beneficiary, she gets the policy proceeds.

2) In your state when there is no will, the surviving spouse will keep her share of community property and get 1/2 the deceased's separate property (e.g. anything predating marriage) and the deceased's children not by that spouse (that is you and any siblings, since you are obviously not children of the "wife of less than 6 months") will get the other 1/2 of the separate property. (Again though, the insurance goes to the benefiary named in the policy.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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