How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102191
Experience:  Fully licensed attorney in Texas in private practice.
Type Your Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My father passed away and has a life insurance policy. He has

This answer was rated:

My father passed away and has a life insurance policy. He has medical bills and a credit card debt. Can his creditors make a claim against this policy?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is no, they cannot. This is because since you are the insurance beneficiary, the money is yours, and not that of the estate.

Had you predeceased your father, then the life insurance company would have paid out to the estate by default. If so, then the creditors could have attached that payout for the arrears.

But since you are living and are receiving the payout, the money is yours - not the estate's - and since it is yours, then they cannot attach it as it never belonged to the estate, nor even will, and is thus not liable to be attached for debt.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely and 2 other Estate Law Specialists are ready to help you

Related Estate Law Questions