Legal Question in Wills and Trusts in Pennsylvania

My dad had a life insurance policy with my stepmother as beneficiary and me as contingent. She died 21 days after him. His will names me as the only beneficiary. The ins co mailed the policy info to me in PA...addressed "TO THE ESTATE OF 'JANE DOE' ". I turned it over to my stepsisters in OH (where all of them live.) They have not included me or my biological sister in filing this with the court. Is this how this policy is going to end up...I.e...even though I am sole beneficiary in his will, I have no rights to the insurance policy? Thank you very much.


Asked on 8/19/16, 4:06 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Life insurance is generally not part of an estate, since it is a contract. The proceeds go to the named beneficiary, and if the first beneficiary is deceased, it goes to the contingent beneficiary if one was named. So, from what you describe, you would be entitled to the life insurance proceeds on your father's life. I don't know why you felt you had to send the life insurance notice to your stepsisters. You may also be entitled to part of your father's estate, if his will was unchanged, and even if it was changed, or even if he died without an effective will at the time of his death, so long as assets in estate were sufficient to pay his last expenses and his debts and taxes. You have the right to an accounting of the administration of his estate. The estate does not have an interest in the insurance policy.

You should consult an estates lawyer in the state and county where your father's estate is being administered if you are not getting any information about it. You may contact the life insurance company directly to request the proceeds of the insurance policy.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/19/16, 7:55 pm

I agree with Attorney Jacobson. Life insurance proceeds are not probate assets so I don't understand why you felt compelled to share this information. You are the contingent beneficiary - you need to contact the insurance company and file a claim for benefits since both the insured and primary beneficiary are deceased.

If you are the only beneficiary under the will, you get the net probate assets after payment of any debts/claims. If others are trying to exclude you then you need to find a probate lawyer who practices in the county/state where the estate is pending. The estate is NOT where your sisters live but where your father lived at the time of death. I am not sure why you were excluded from probate - PA requires a personal representative to give notice to all potential heirs. Other states do as well. This is troubling so I suggest you see a probate attorney now.

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Answered on 8/21/16, 12:22 am


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