Can the executor of a will sue other beneficiaries for their life insurance inheritance if the estate is in the negative?

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Can the executor of a will sue other beneficiaries for their life insurance inheritance if the estate is in the negative?

Asked on August 17, 2012 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  Generally no.  The life insurance proceeds are not part of the decedent's estate if they have properly executed beneficiary designations in place.  They are said to pass "outside" the estate.  If the estate is insolvent then you can file bankruptcy.  Get help.  Good luck.


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