Estate Law
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Answered in 4 minutes by:
11/9/2012
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27,690
Experience: 25 years practicing attorney
Verified-Could you explain your situation a little more?
Does he have a will? Is anyone named trustee for the child?
How does the life insurance proceeds get to the daughter from his estate?
You indicated there was a will and for the will to be effective there has to be an estate opened in probate. Otherwise the will is meaningless. I am not permitted to give specific legal advice or represent clients from this website so I cannot say specifically what you should do with respect to having a check issued or to whom. Generally an insurance policy will have a named beneficiary and the funds will not be subject to probate and will go directly to the named beneficiary. Whenever there is no named beneficiary then the funds are paid to the estate of the deceased and must go through probate and pass according to the will or, if no will, pursuant to the laws of intestate succession. So if a beneficiary is not named on the policy before he passes away then the money will go to his estate and will have to go through probate. If he is still able to name a beneficiary he can name his daughter an name a trustee to receive the funds but this is going to have to be done through the insurance company and not the probate court or the will. By the way, no one is the legal executor of a will until the will is filed in probate and the executor is appointed by the court.
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27,690
Experience: 25 years practicing attorney
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