Sometimes you can file a Claim with an Affidavit of Heirship and Next of Kin (already recorded) with the Insurance Co., and they will pay out. It is better to try this first instead of going directly to Probate. Sometimes the Small Estate Affidavit for Probate will work also.
It depends on what the life insurance policy says happens upon death. It will likely go into his estate which means someone will need to open the estate and start the probate process. You should hire an attorney to assist you.
Do I have to split our tax return?
My wife and I are currently in the middle of a divorce, even though we have been separated since July of 2008. I am active duty Military stationed in Maryland, but I am a Texas resident. She is a part time student and raises our son and resides in Ohio. For the better part of the 2011 tax year, I financially support her due to she was not working. My question is, since I was the sole income provider and the agreed upon monthly support that I gave to her was not taxed, all taxes where taken out from my part of my income, I filed married-joint claiming her and my son as dependents, do I have to split the federal tax return with her?
