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Experience:  Texas lawyer for 29 years in Estate law
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My mother passed away in March. Her insurance policy was to

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My mother passed away in March. Her insurance policy was to come to me. They paid the funeral home with 495 left over. They are going to turn it over to her estate. Shouldn't I get it? Also a small inheritance from my uncle is about to be settled. Will that go into her estate? This is in North Carolina.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Thanks for your question and good afternoon.If you were the named beneficiary the funds should be paid to you outside of probate.You may want to consider your own lawyer here to demand payment of these from the insurance company.Assuming you were the named beneficiary they should have paid the whole amount to you again outside of probate.If you are the heir here and no beneficiary named then they do pass to you through probate.

 

Reference to life insurance with named beneficiary passing outside probate.

 

http://www.nolo.com/legal-encyclopedia/north-carolina-probate-an-overview.html

The issue is whether you were in fact a named beneficiary signed by your mother and provided to the insurance company.

As to the second part of your question the answer here under NC law yes any inheritance due to your mother passes through her estate and again to her legal heirs as well.If you are an heir here you should be entitled to the court approved share of any inheritance after her debts are paid.

I appreciate the chance to assist you today.Please let me know if you have more follow up questions.Thanks again.

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 30316
Experience: Texas lawyer for 29 years in Estate law
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