Legal Question in Wills and Trusts in Arizona

Will and insurance help

My uncle passed away and left a will - he also had an insurance policy which was made out to ''the executor of the estate,followed by my fathers name.

We are having trouble collecting on this policy because of this.

Does the policy go to my father or does it become part of my uncles estate?

We are also wondering because my uncle has some credit card debt and we need to know if the creditors will be able to get a piece of this policy?

If this becomes part of the estate then if the will states that my uncles estate is to be devided between his nephew and nieces would this money be included in that?

Thanks for any help


Asked on 6/10/04, 6:19 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Will and insurance help

Thank you for your inquiry.

It sounds to me like the insurance policy is payable to the estate, not to your father. This means that the terms of the Will will control the distribution of all assets, including the proceeds of the life insurance. This also means that the valid debts will need to be addressed before any assets are distributed.

It may be necessary to file a probate action in order for the insurance company to release the policy to the estate. I may be able to assist with this, but I'd need to meet with the person named in the Will as the Executor (or "Personal Representative") to discuss the case.

I offer a free initial consultation, so please have your father call my office to arrange a time that we can speak.

Sincerely,

Monica Donaldson

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Answered on 6/10/04, 6:57 pm


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