can the exectator of the estate contest a beneficiary of life insurance based upon the will?
107434
Life insurance contracts pass outside of probate (the only time there's a connection is if the estate is the beneficiary). I can't imagine how the executor can interfere with the terms of the insurance contract; The terms of a will cannot change the terms of an outside contract; after all, the contract has parties to it that have not consented to a change (ie, insurance company). Normally, life insurance contracts provide that a change of beneficiaries can be affected by the owner only by notification to the company during the owner's life. So, a will cannot change the  beneficiary designation unless the terms of the contract allow this.
847326
Fees for an executor is provided in the will but if there is none, the court will determine the amount depending on the circumstances of the property and proceedings.
947110
Two ways - the will of the deceased party will usually specify who is the executor - aka, administrator.  If the will does not specify it, or if there is no will, you have to file through probate court to have someone appointed executor - aka, administrator.  \n\nWhy doesn't the Allstate policy have your mother's name on it?  The policy only covers the named party up to their interest in the policy - so if the property is TITLED to her name, and the insurance is "fred smith", then if the house burns to the ground, Allstate has NO obligation to pay, as Fred's name isn't on the title.   The policy SHOULD be written "The Estate of Mary Gray" or whatever.  Go to your Allstate agent, ask them to fix the name, RETROACTIVELY, so they can send a copy to the mortgage company.  \n\nYou could also add The Estate of Mary Gray as an additional insured party, but it's not the best way to do it.  \n\nIs someone living in the house right now, or is it vacant?  If it's on a homeowners policy, you're going to have a problem - as the titled owner is CLEARLY not living in the house. You're probably going to have to move it to a rental policy, or vacant house policy - which will cost more, but still be cheaper.  \n\nYou really need to sit down with your agent and get this straightened out.  If the place burns tomorrow, there won't be anything to sell.
56495
I am filing claims right now on the death of a parent.  The insurance company would not have given her the check to her alone if you were listed as a beneficiary.  She would have had to present your death certificate to get your portion.  I can almost guarantee you that you were listed as a "contingent" beneficiary and that you have no claim.  Drop the issue, you have no claim and all you can do is cause hard feelings.  The reason I can have such confidence is a) I used to sell insurance, and b) the insurer would be liable for the mistake and insurance companies are notoriously scrupulous about such things.\n\nIt is your mother's money alone.
121799
yes! they are two diffrent contracts but it also depends which was signed last and if life insurancewasmentioned in the will. Of course a court can over turn the will and side with the life insurance policy. \n\nI would get a lawyer now!
516404
In life insurance policies, beneficiaries are usually listed in them to see who gets them. Life insurance companies usually distribute it evenly between beneficiaries. So you may still have your fair portion of the death benefit sitting with the insurance company.\n\nIf you are the owner of the life policy, you have the right to view it and see how much cash value is sitting in there. Your sister should not have it since it does not belong to her. You may obtain a court order to take it from her OR you can call the insurance company to find out how much cash value you have in there. There are two things you can do to access your cash value: 1) You can borrow it and pay it back later with interests 2) You can surrender your policy and take all the cash value (surrender charges may apply). Please note: If no one has been paying for your life insurance, it may have already lapse and you are probably not covered anymore. (life insurance are never paid up. Something must keep it enforce, so the insurance company will usually access your cash value to pay it until it hits zero).\n\nTo obtain a copy of your dad's life policy, he should have it somewhere in the home. If you can't find it, then you should call the life insurance company and ask your questions.\n\nIn any case, it is best that you get a lawyer since this is a family issue.
495094
Wills don't have to be probated.  But until they are, there is no legal force behind them.  The court decides when it has been properly executed, that it hasn't been revoked, and that the person who wrote the will was the person who died.  If the will isn't probated, then you better be sure that there are NO disputes, because anyone can come out of the woodwork and say "um, that mobile home was actually supposed to go to me."  Not that this claim would win, but probating the will would help protect against these types of claims.\n\nThe reason you're selling off the property and dividing the proceeds is because cash is easier to split than personalty (personalty being personal property).  The titles to this property are irrelevant because as soon as your mother died, they were transfered to her estate and you and your sister are the beneficiaries to that estate.  So no, this is not why the will had to be probated.\n\nThe lawyer who administers the estate on your behalf has a right to charge however much he wants to.  It's your duty to ensure that this is not overly burdensome.  But if you signed a contract saying that he would get 5% of the estate, then it's more than likely too late for you to back out of that.  I personally don't believe that 5% is outrageous when it comes to working with the courts to make sure that everything is handled properly.  Just make sure he's keeping his side of the bargain by informing you when you have to file returns, what taxes (if any) are supposed to be paid, and when the probate process is going to be over.
649177
There's a lesson to be learn from here. To avoid your future family going through the same mess, get a will. Sorry to hear your mom pass away, but if she had a will, your family wouldn't be so frustrated on who should get what.\n\nIn life insurance, all the name beneficiaries on the policy are paid equal amounts. So there's really nothing to fight about on this topic.
739734
When you list a beneficiary, you have the opportunity to list a contingent beneficiary.  If she listed a person as the contingent beneficiary, then that person gets the payout.  \n\nIf she didn't, then the estate of the mother gets the payout, and it gets distributed just like the rest of the assets in her will.  If she didn't have a will, then it has to go through probate court, and will get assigned as per the state law - most likely to a spouse first, then children - sometimes between spouse and children.
789853
Your beneficiary does not need a copy of the policy. But you should let them know in case you do die.\n\nWhen you die, your beneficiary will call the insurance company to file a death claim. Insurance company will give instructions on what to do. Its really an easy process, but can take awhile for the check to come.
882667
It really depends on the laws of your state, but usually what happens when a person dies intestate is that the court appoints an executor who is responsible for liquidating all the assets of the decedent's estate.  Before any friend or family member gets any money or property out of the estate, the executor has to pay for any claims made against the estate.  As a result, whoever pays for the funeral and burial expenses can make a claim against the estate for reimbursement.  In this case, I would strongly advise you against getting involved if you're worried about how you'll be able to pay for it and whether your ex has enough assets to cover the burial/funeral expenses.  Doesn't matter if his brothers and sisters expect you to handle this or not -- you are under NO LEGAL OBLIGATION WHATSOEVER to stump up the cash for anything involving your ex.
948256
If it's not a life insurance policy, then the policy holder is the "named insured" on the declarations page.    That is the person who bought the policy, and the person who is covered.\n\nIf it's life insurance, it's the person who BOUGHT the policy, not necessarily the insured, or the beneficiary.
923968
I'm not an attorney which means that I think you should talk to one to find out what your rights really are.\nThe Executor doesn't have ownership of the will, he merely serves as someone who is supposed to disperse the assets of the deceased as directed in the will.  If he is not doing his job properly then I would talk to someone to find out who he should be reported to.  I'm not sure if this is criminal or merely civil malfeasance but, again, you should ask someone who knows.  You may be able to sue the person for full disclosure.
206958
An insurance policy is a non-probate asset.  It is not made part of the will.  However, you may designate the beneficiary of the policy as your estate, in which case the money will be divided in accordance with your will.
123339
whomever you will it to or if you put it into a living trust you can designate somebody to be the beneficiary of the trust
651085
PROBATE as I understand is obtained on the will after death of testator. If the testator is alive he could divide the estate amongst his successors for which no probate is probably required. i wonder if the Law in PHILIPPINES differs in the matter.
638779
Pay on Death - it will pay to your beneficiary.