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Ray, Lawyer
Category: Legal
Satisfied Customers: 36343
Experience:  30 years in civil, probate, real estate, elder law
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I'm my mom's only child. She is currently on her death bed.

Customer Question

I'm my mom's only child. She is currently on her death bed. I'm trying to find out if I can disclaim her house and everything in it but collect her life insurance policy. She got the policy specifically for me to create her and have travel money to her and barrel site. It is $5,000 I believe. If I disclaim her physical property can I accept the life insurance to bury her? I live in Nebraska but all this would be happening in Nevada.
JA: OK. The Lawyer will need to help you with this. Have you talked to a lawyer yet?
Customer: I just got to my mom and saw her last night. Found it was worse then I thought. I'm at a loss now.
JA: Anything else you think the lawyer should know?
Customer: I think that's it.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Legal
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.

Yes assuming you are the named beneficiary it passes to you directly by contract not by probate.You can sign a disclaimer in probate to her estate and it goes to the other legal heirs here.You want to make sure you are the named beneficiary here before you disclaim.Assuming you are then it is apples and oranges and the life insurance pays to you directly, they will want a death certificate to pay the claim.

I appreciate the chance to help you today.Thanks again, sorry about your mother.

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