Estate Law Questions? Ask an Estate Lawyer.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ok. thank you
If his death preceded your mothers, then that would be what's known as "lapse" and a second beneficiary (if applicable) would be the recipient of the funds. If there was no second beneficiary on the life insurance account, that amount reverts to your mother's estate, not your father's. As such, you would need to file for probate for your mother's estate and receive "letters testamentary" or "letters of administration" (if your mother had a will or not, respectively). Once you receive these documents from the probate court, you can claim the proceeds.
Again, if your father predeceased your mother, then it would not do you any good to file for probate for his estate, as he would not receive anything.
If there was no second beneficiary (in the event that the first predeceased the insured) then it will go to the estate of the insured.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
my sister is the executrix for my mothers estate is this going to effect my chance of being able to collect?
No, other than any benefit is going to pass under the terms of the will (so it really depends on what that says). If it's silent as to this, and does not have a residuary clause (a clause that says who gets the remaining amount that is not specifically given to any person) then it would pass to you and your siblings in equal portions.
The executor / executrix merely administers the estate. That person does not have any greater or lesser claim to the estate than anyone else. The terms of the will are what are going to control.
ok. thank you.
My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
I want to know can I file a waiver in the court, I want all my sisters to revoke their rights to the portion of life insurance policy. I want to ask them to be waived or offer them a deal 40/60 but all through the court system. would I be able to do that with the court?