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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
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Experience:  Licensed Texas General Practice Attorney
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i have been contacted by life insurance company about my mothers

Customer Question

i have been contacted by life insurance company about my mothers life insurance benefit. her original beneficiary was my father ,his death predates my mother's. he had no will. my question is can i file as my father's executor ?to collect the life insurance? my father has passed away and left no will. how can i collect this benefit. Thank you.Customer
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer:

ok. thank you

ScottyMacEsq :

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.

ScottyMacEsq :

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.

ScottyMacEsq :

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.

ScottyMacEsq :

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!

Customer:

my sister is the executrix for my mothers estate is this going to effect my chance of being able to collect?

ScottyMacEsq :

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.

ScottyMacEsq :

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.

Customer:

ok. thank you.

ScottyMacEsq :

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!

ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 12224
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 9 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

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?

Expert:  ScottyMacEsq replied 1 year ago.
If the life insurance policy did not have a contingent beneficiary and the life insurance is passing through the estate, then it would need to be probated. The sisters could waive their rights in court to any inheritance, or a specific subset of the inheritance (such as proceeds from a life insurance policy) but it would have to be them that do it voluntarily.

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