What to do if my mom recently passed with no Will but her life insurance went to her oldest sibling who won’t use it for her interment?

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What to do if my mom recently passed with no Will but her life insurance went to her oldest sibling who won’t use it for her interment?

Do I have any options legally to make her use it for what it was intended for?

Asked on February 14, 2013 under Estate Planning, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A life insurance beneficiary takes the proceeds of the policy free and clear of any estate obligations. This includes the cost of interring the deceased. However, you say that the insurance proceeds were "intended" to cover this cost. What do you mean by that? Was there a written directive to that effect? Was there a verbal agreement between the deceased and the beneficiary, etc? If yes to either of these, then an enforceable contract may have been formed. To be sure, put in a call to a local attorney to be certain of your rights in this matter.


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