If my father passed away without a Will but did have a life insurance policy divided 3 ways between my 2 sisters and myself, since I didn’t pay for the funeral what happens?

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If my father passed away without a Will but did have a life insurance policy divided 3 ways between my 2 sisters and myself, since I didn’t pay for the funeral what happens?

I did not sign for the funeral but my sisters did. Can I keep my portion of insurance money or do I need to sign it over and hope everything is divided equally?

Asked on November 11, 2012 under Estate Planning, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

No, you don't have to sign over your rights to the life insurance policy, espcially if you did not agree to split the funeral expenses. 

The funeral is the debt of the estate.  Your sister should be reimbursed from the estate.  Let the administrator handle the collection of assets and the payment of debts.   Normally, life insurance policys are outside of the estate.


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