Does a closed estate have to reopened if a life insurance policy is found and the surviving heirs are not listed as beneficiaries?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does a closed estate have to reopened if a life insurance policy is found and the surviving heirs are not listed as beneficiaries?

My father’s estate has been closed for some time now. I received word by mail from a life insurance company that he had insurance that I was not aware of. My grandfather who pre-deceased my father was listed as the beneficiary. Does the estate have to be reopened in order to receive the monies?

Asked on February 29, 2012 under Estate Planning, Indiana

Answers:

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

Answered 12 years ago | Contributor

Yes, you will probably have to reopen the estate in order to distribute the funds.  The check is going to be made out to "the estate of" so a bank account is necessary too.  You need to give the court a valid reason to reopen.  Speak with the clerk of the court and although they can not give you legal advice but they can give you guidance.  You might want to have a conference with the court attorney as well.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption