If money is left in an insurance policy with instructions written in a Will on how to distribute that money, is the person in charge bound by the Will?

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If money is left in an insurance policy with instructions written in a Will on how to distribute that money, is the person in charge bound by the Will?

If so, what can be done if control of accounts is supposed to be turned over to heirs at age 27 and they are now ages 36 and 39 and still don’t have control of said accounts. They have been told since thier father died that they have nothing, and have no idea what happened to any money left by thier father. The Grandfather and the Uncle have had control from day one, and haven’t really been kept informed of anything. They are told it’s none of thier business. I am the first wife and mother of the deceased father’s children and am very hurt to see the grandfather and uncle do this.

Asked on April 21, 2013 under Estate Planning, New Hampshire

Answers:

Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

You need to obtain the assistance of a probate litigation lawyer immediately to investigate your claim and file a petition into probate court to probate the will re the insurance money instructions as to its distribution; possible the insurance policy named specific beneficiaries, which would take precedence or any will instructuions, unless the estate of the deceased was named the beneficiary, or the deceased father was named as the beneficiary, in which case thew will instructions would apply be followed in the probate of the will. If a probate was filed, the executor who appears to be the uncle, should be compelled to account and be removed from administration of the estate.


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