If my mother left me a insurance policy that’s owned by the estate of my late father, what can I do to have the executors transfer it to me?

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If my mother left me a insurance policy that’s owned by the estate of my late father, what can I do to have the executors transfer it to me?

I been trying to get my 2 sisters (the executors of the estate) to transfer the policy to me but they refuse to sign. Is there anything that I can do?

Asked on June 10, 2013 under Estate Planning, Texas

Answers:

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

Answered 8 years ago | Contributor

I am sorry for your losses.  I am a bit confused by this. If there is a designation of beneficiary form on file for the life insurance policy then it passes to you automatically and our sisters would have no control over it. The only way they pass to you automatically and outside the Will is if you are on the designation of beneficiary form.  Do you mean that your Father was the owner of a policy on your Mother's life and that your sisters, as executors of your Father's estate, are in control?  And your Mother has left the proceeds of that policy to you in her Will? If the beneficiary form does not have your name on it then it goes in to the estate pot.  But you have a right to those funds that are identified  - with certain limitations.  You need to speak with a lawyer in person about this.  Documents need to be reviewed and that is too difficult here.  Good luck. 


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