[OK] How do I claim my deceased mother's share of my grandmother's policy if there was no will?
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You may be able to use a small estate affidavit to collect the funds. But each brother would need to sign an Assignment of Interest to transfer their share to you.
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Hi. My mother passed away in Dec. 2023. She had repeatedly stated that neither of my brothers were to receive anything after her death. I tried to speak with both of them about a policy from my grandmother (who passed a month before my mother), where I was listed as a 50% beneficiary. When I brought it up, they both said they had nothing to discuss and didn’t want to hear it. Do I still need to list them as beneficiaries?
I’m sorry to hear about your mother’s passing. Have you located her will or any legal documents outlining her wishes regarding her estate?
She didn’t leave a will. She was destitute and living with someone else. She only received SSI—no other benefits.
Have you consulted with an attorney or legal professional about how her estate should be handled?
There is nothing else. I didn’t even know about this policy until July 2024 when it arrived in the mail addressed to me.
Is there anything else the estate lawyer should know?
My brothers and mother hadn’t spoken or had any relationship in years.
Hi, I’m Jessica. I’m a licensed attorney and will assist you. I’m sorry for your loss. Based on what you’ve described:
The 50% of the policy where you’re named as a designated beneficiary is yours. Your brothers have no claim to it.
Are there any assets in your mother’s sole name?
She dispersed anything of value before she died.
Was your mother the beneficiary of the other 50% of your grandmother’s policy?
Yes.
Did she receive that 50% before she died?
No. My grandmother died less than a month before my mother, and I wasn’t notified about the policy until July 2024. My mom passed in December 2023.
Then a probate estate will need to be opened for your mother. The estate will receive the 50% of the policy, and that share will be equally distributed between you and your brothers.
The amount is less than $10,000. Both of my brothers have verbally said they wanted no part of it. My mother had no property or bills. We’ve been estranged for over 10 years.
You may be able to use a small estate affidavit to collect the funds. But each brother would need to sign an Assignment of Interest to transfer their share to you.
How do I find them? We’ve had no contact except the day we buried her ashes. I don’t have their phone numbers or addresses. Except for my children, I’m not in contact with any relatives who would know where they are.
Unfortunately, you won’t be able to collect the funds until you get their signatures. You could hire an heir search company or a private investigator to locate them. Once you get their signatures, you’ll be able to collect the proceeds.
They’ll never meet with me or sign anything. We haven’t had any type of relationship in over 10 years.
I’m truly sorry they won’t cooperate. But legally, since there’s no will, their signatures are required.
If there are witnesses stating my mother said neither of my brothers were to receive anything, would that help?
Unfortunately not—not without a will. You will need to file a small estate affidavit in the state where she was a permanent resident. You’ll need to look at her death certificate.
It says Oklahoma—on the Indian reservation.
Then you’ll need to file there.
Thank you. I guess this summer I’ll be driving there.
