If my father was working on a insurance disability settlement but an ageement was not reached until 1 week after his death, is that money part of the estate?

My father was drawing long term disability from his job. It was 60% of his salary, about $2,000. They cut it about 3 years ago to $900 a month. He threatened to sue. Now 1 week after his death, they suddenly want to settle for around $36,000. As his sole heir, am I entitled to that money?

Asked on June 2, 2012 under Estate Planning, South Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It would indeed be part of his estate and if he listed you as the sole beneficiary or you are the sole beneficiary (even without a will), then yes you are entitled to those monies. His estate would have to agree to the settlement and if you are the named administrator by the court, you would be probably both the administrator/executor and the beneficiary.

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