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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 86376
Experience:  Fully licensed attorney in Texas in private practice.
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My father passed away and has a life insurance policy. He has

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My father passed away and has a life insurance policy. He has medical bills and a credit card debt. Can his creditors make a claim against this policy?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is no, they cannot. This is because since you are the insurance beneficiary, the money is yours, and not that of the estate.

Had you predeceased your father, then the life insurance company would have paid out to the estate by default. If so, then the creditors could have attached that payout for the arrears.

But since you are living and are receiving the payout, the money is yours - not the estate's - and since it is yours, then they cannot attach it as it never belonged to the estate, nor even will, and is thus not liable to be attached for debt.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 86376
Experience: Fully licensed attorney in Texas in private practice.
Ely and 4 other Estate Law Specialists are ready to help you

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