Can a probate judge overturn the beneficiary of a life insurance policy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a probate judge overturn the beneficiary of a life insurance policy?
I am the only beneficiary and paid for the funeral with the life insurance, in return it was refunded to me through the estate. My siblings are taking it to probate court and insisting that the life insurance was strictly for the funeral and should not have been paid back to me.
Asked on February 21, 2012 under Estate Planning, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Although all the facts have to be looked at in order to determine how this will play out, on the outset and from what you have said, I believe that you should come out on top in this fight. The funeral bill is thee most important debt in a decedent;s estate. it takes precedence over the payment of any other bill. Now, the life insurance proceeds were obviously passed to you via a beneficiary designation by your parent. That money was yours and yours alone and pass "outside the Will." You were entitled to reimbursement. Now, if your siblings want to challenge the designation that is a different story. Seek legal help. Good lukc.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.