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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 33072
Experience:  12+ yrs. of experience including estate law.
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I m writing on behalf of a friend who's time (15+) years

Customer Question

Hello,
I m writing on behalf of a friend who's long time (15+) years boyfriend died suddenly two days ago. His insurance beneficiary is his 11 year old daughter. My friend is trying to make funeral plans, but has no access to his insurance premium because she is not named in it, and doesn't know what to do. Can you advise on how to proceed please?
Thank you
Submitted: 10 months ago.
Category: Estate Law
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma.

And even more sorry to be the one to bear bad news. The insurance premium is not to be use for the funeral.

If the money is insurance proceeds? That is not part of the "estate" of the deceased. It belongs to the child and can not be used for any other purpose. Period.

While it is true that money from the estate of a deceased can be used to pay funeral expenses, what you are describing is not part of the estate...again, insurance passes outside of probate.

So your friend will not be permitted to use that money for the funeral

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that she can use this money, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 10 months ago.

Hello, and thank you for your advice Phillip. I will let my friend know. Hearing this tells me that she will have to pay out of her own pocket. We were talking about possible cremation, and someone said that in NJ, she would have to get special permission. Is that correct?

Thank you.

Expert:  P. Simmons replied 10 months ago.

Thank you
She would need permission from the next of kin, if she is not related.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.