Is and insurance policy as legal as a will if a house was left to 2 children in the policy? (no will was made)

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A house was left to 2 children in an insurance policy BUT there was no will made. How does that work? Is the ins policy as legal as a will?

Attorney Answers

2
Kevin Riechelson ·
Your question does not make sense. You cannot leave someone property in an insurance policy. This is not a will nor intended to be a will. If there was no will made, then the house passes pursuant to your state's laws on intestacy, which usually goes to the surviving spouse first and then to the children equally.
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Sarah Everett ·
I have handled probate cases for 27 years, and I have not heard of a house being left to anyone through an insurance policy. Many estate attorneys will provide a free consultation, but it is necessary to have some information. If there is not a will, then the property passes in accordance with Indiana's intestacy law, so the answer as to who the house goes to will depend upon who the natural heirs are, if a spouse is involved, if the children are children of the decedent and the spouse, etc.
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