Question: My father died in March & mother in June. We have found that dad had some life insurance through USPO with no beneficiary designated. They want to pay to my mom's estate but there is no estate. She had assets under $10,000 and no real property. I found the small estate affidavit. There are three surviving children, 1 deceased with 2 children. I assume we all need to fill out an affidavit? One of the grandchildren is still a minor. Who fills out his?
Answer:
I am sorry to hear that you lost both of your parents so close in time to each other. Generally, the best approach on the affidavit is for each beneficiary to sign the affidavit and have the affidavits each state what percentage that person is entitled to receive. You may want to review A.R.S. §§ 14-3973 - 14-3974 which discuss small estates.
If you are interested in how the law applies to your specific situation, you may want to consult with an attorney directly.
August 12, 2009
Legal Services Corporation