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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2922
Experience:  Litigation Attorney with education focus on estate planning and tax
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Is the beneficiary of a life insurance responsible estate of

Customer Question

is the beneficiary of a life insurance responsible for the estate of the deceased? My daughter was the beneficiary of my ex husbands life insurance is she legally responsible to handle his estate?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
My ex husband was not very good with his finances and has left a host of bills and obligations....we do not know of his financial history (bank accounts) but it seems as though he has lived off of credit cards via cash advances he apparently ad property in other states, time shares (possible paying with credit cards) property in other states not sure of the locations...any way its a big mess...and some how the credit card s have focused on calling my personal line trying to collect on his debts...we did give him a funeral with the money and paid the card off that he opened in my daughter's name that she did not he had...what else is her responsibility...she does not want to handle his estate it is too much. He did not have a will.
Customer: replied 1 year ago.
sorry for the typos "credit cards she did not know he had" property another state not sure of the location" His siblings are not sure of his financial status.....he lived with colon cancer for 2-3 years before his death....he did not own a home, he had a girlfriend for 20 years but they never married.
Customer: replied 1 year ago.
The girlfriend says she doesn't know anything but hey vacationed every year at the time shares but they did not live together.
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

The beneficiary of life insurance (this passes outside of probate and is not considered part of the estate) does not have the obligation to handle the estate. The only obligations regarding the probating of the estate are usually in providing a will to the court (you said there isn't one). It sounds like the estate is most likely insolvent. If you or she (she is most likely the beneficiary along with any other siblings she might have or if the girlfriend is considered a common law spouse - some states do recognize this under certain circumstances) don't want any assets from the estate then you can leave it up to someone else to probate the estate. If probate is started, the executor will notify all creditors and they will normal have around 6 months to file a claim with the estate. If the estate is insolvent then these debts with go away. So to answer your question, no she does not have the obligation.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating?

Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating?