Q: Are children entitled to deceased parent's life insurance and property with no trust?

A: The life insurance will go to the named beneficiaries. Children or not. Children have no independent right to inherit from their parents absent a will or intestacy. The money will pass outside probate.

A: I'm really sorry you're dealing with this kind of uncertainty during a time of loss. When a parent passes away without a trust, questions about life insurance and property can get confusing, but you’re doing the right thing by asking now.

For the life insurance, the key factor is who was named as the beneficiary on the policy. If one or more of the children are listed, then those individuals would receive the payout directly, regardless of the will or divorce. If the ex-wife is still named as the beneficiary, she may receive the funds—unless state law automatically revokes ex-spouses from policies after divorce, which varies by state. If no beneficiary is named or the beneficiary is deceased, then the policy usually pays into the estate and gets distributed according to probate rules.

As for the land, since there was no trust, the property would likely go through probate. If your parent didn’t leave a valid will, the estate would be divided under your state’s intestacy laws, which usually give equal shares to all children. The ex-wife would typically have no claim to the property unless she was co-owner or had a legal judgment in her favor. You’re right to want clarity, and your next step could be checking court filings and gathering documents to see how everything is titled and structured.

A: When it comes to life insurance, the named beneficiary on the policy is what matters most. If your deceased parent listed someone—whether it was one of the children, a former spouse, or another person—that person is legally entitled to receive the proceeds, regardless of what the will or family might expect. If no beneficiary was named, or if the beneficiary has also passed away, then the payout may go to the estate and be distributed through probate.

As for the land and other property, that typically goes through the probate process unless there was a joint owner with survivorship rights or a transfer-on-death deed in place. Since there was no trust, the property will be distributed according to your state's intestacy laws if there is no will. In most cases, the children would be entitled to equal shares of the estate, especially if the parent was divorced and had no surviving spouse.

You’ll need to gather information about whether there is a will, who the named beneficiaries are (if known), and whether the property was jointly owned or held solely in your parent's name. It may feel overwhelming, but step by step, this can be figured out. You and your siblings likely do have rights to the property, and possibly to the insurance, depending on the circumstances. It's okay to ask questions and take the time to get clear answers.